LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 


1 


GIFT  OF 

MRS.   MARY  WOLFSOHN 

IN    MEMORY  OF 

HENRY  WOLFSOHN 

teiKiia^^ 


^ 


A  TEXT  BOOK 

OF 

MASONIC  JURISPRUDENCE; 

ILLUSTRATING  THE 

WRITTEN  AND  UNWRITTEN  LAWS 

OS 

FREEMASONRY. 

BY 

ALBERT  G.  MACKEY,  M.  P., 

AUTHOR   OF  A   "LEXICON  OF  FREEMASONRY,"    "BOOK    OF  THE  CHAPTER,"  ETC. 


••  1  have  applied  myself,  not  to  that  which  might  seem  moat  for  the  osten- 
tation of  mine  own  wit  or  knowledge,  but  to  that  which  may  yield  most  ami 
and  profit  to  the  student." — LORD  BACOX 


XEW    YORK: 
CLARK  &  MAYNARD,   PUBLISHERS, 

No.  5  BARCLAY  STREET. 
1872. 


Kfltcrca  accorumg  to  act  of  Congress,  iu  the  year  1869,  V 
ALBERT    G.    MACKEY, 

to  the  Cbrk'a  office  c    the  District  Court  of  the  United  States,  for  the  District 
of  South  Carolina. 


TO  THE 

HON.  JOHN  L.  LEWIS,  JR., 

GRAND  MASTER  OP  MASONS  OF  NEW  YORK, 

i  iatoU  ito  ?Btofc, 

AS   TO   ONE 

WHOSE   LEGAL   AND   MASONIC   ATTAINMENTS   WILL  ENABLK  HIM 
TO   CRITICALLY   JUDGE   OF   ITS   MERITS, 


WII09E   KINDNES9   OF   HEART   WILL   LEAD   HIM   TO 
GENEROUSLY  PARDON   ITS  DEFECTS. 


"T  \  B  *  A 
^  Of  THE 

UNIVERSITY  J 


PREFACE. 


FOUR  years  ago  I  wrote,  and  soon  after  published,  a 
treatise  on  the  "  Principles  of  Masonic  Law,"  which 
was  received  by  the  Fraternity  with  a  readiness  that 
convinced  me  I  had  not  miscalculated  the  necessity  of 
such  a  work.  In  the  composition  of  it  I  was  entering 
upon  a  field  of  Masonic  Literature  which  had,  up  to 
that  time,  been  traversed  by  no  other  writer.  There 
was,  it  is  true,  an  abundance  of  authorities  scattered 
over  thousands  of  pages  of  Grand  Lodge  Proceedings, 
and  contained  in  the  obiter  dicta  of  Grand  Masters7 
Addresses,  and  the  reports  of  Committees  on  Foreign 
Correspondence.  But  these  authorities  were  often  of 
a  conflicting  character,  and  as  often  were  repugnant 
to  my  sense  of  justice,  and  to  the  views  I  had  long 
entertained  of  the  spirit  of  equity  and  reason  which 
pervaded  the  Masonic  Institution.  Hence,  while  re- 
ceiving much  information  on  various  points  of  Masonic 
Law,  from  the  writings  of  distinguished  brethren,  in 
different  jurisdictions,  I  was  repeatedly  constrained  to 
regret  that  there  was  no  standard  of  authority  by 
which  I  might  be  guided  in  doubtful  cases,  and  that, 
with  every  disposition  to  stand  upon  the  old  ways — 


r 


Vlll  PREFACE. 

stare  super  vias  antiquas — I  was  unable  to  discover 
any  safe  beacon  to  guide  me  in  my  search  after  these 
ancient  ways.  I  was,  therefore,  compelled,  in  most 
cases,  to  depend  upon  my  own  judgment,  and  to  draw 
my  conclusions  as  to  what  was  Masonic  Law,  not  from 
precedent,  or  usage,  or  authoritative  statutes,  but  from 
the  deductions  of  common  sense  and  the  analogies  of 
the  municipal  and  civil  law,  and  the  customs  of  other 
institutions. 

It  is  not,  therefore,  surprising  that  in  this  dearth  of 
light — myself  being  the  humble  pioneer  in  the  attempt 
to  reduce  the  principles  of  Masonic  Law  to  a  sys- 
tematic science — with  no  books  to  guide — no  prece- 
dents, in  repeated  instances,  to  direct  me — I  should, 
sometimes,  have  wandered  from  the  true  path,  and 
erred  in  judgment.  My  errors  were,  it  is  true,  con- 
scientiously committed.  I  gave  all  the  talent,  the 
experience  and  the  legal  skill  that  I  had,  to  the  inves- 
tigation of  every  question  that  lay  before  me — and 
my  mistakes  were  those,  in  most  cases,  inseparable 
from  the  condition  of  the  subject  I  was  treating,  and 
from  the  first  attempt  to  give  systematic  form  to  a 
new  science. 

But  subsequent  years  of  enlarged  experience  and 
more  extensive  research,  directed  with  all  the  energy 
I  possessed,  to  the  correction  of  errors,  and  the  review 
of  former  opinions,  have  led  me  to  offer  to  the  Masonic 
World  that  result  of  my  labors  which  is  embodied  in 
the  following  pages. 


PREFACE  X 

If  I  had  been  consulted  on  the  subject,  another  edi< 
tion  of  the  "  Principles  of  Masonic  Law,"  which  was 
first  published  in  1856,  would  never  have  been  given 
to  the  world  ;  at  least,  it  should  not  have  been  sent 
forth  without  a  diligent  correction  of  those  opinions 
in  it,  which  I  now  believe  to  be  erroneous.  As  it  now 
appears,  it  is  not,  in  every  part,  a  just  representation 
of  my  views.  But  the  control  of  the  book  is  not  in 
my  hands,  and  all  that  I  can  now  do — and  I  ask  this 
as  an  act  of  justice  to  myself — is  to  request  my  breth- 
ren, when  they  shall  hereafter  honor  me  by  citing  my 
opinions  on  Masonic  Law,  to  look  for  those  amended 
views,  in  this,  my  latest  work,  in  which  I  have  not  felt 
any  shame  in  correcting  the  immature  theories,  in 
many  points,  of  my  earlier  labor.  There  is  no  dis- 
honor in  acknowledging  a  mistake — there  is  much,  in 
obstinately  persisting  in  it. 

I  do  not  suppose  that  I  shall  ever  write  another  work 
on  Masonic  Law.  Of  all  Masonic  literature  it  is  the 
most  tedious  in  its  details — in  the  task  of  composition, 
the  most  laborious  ;  and  while  I  have  sought,  by  the 
utmost  care,  to  make  the  present  treatise  one  worthy 
of  the  Fraternity,  for  whom  I  have  written  it,  and  to 
whom  I  am  profoundly  grateful  for  their  uniform  kind 
ness  to  me,  I  shall  gladly  turn,  henceforward,  to  the 
more  congenial  employment  of  investigating  the  sym 
bols  and  the  religious  teachings  of  the  Order. 

ALBERT  G.  MACKEY,  M.  D. 

CHARLESTON   S.  C., 
April,  1859. 
1* 


BOOK  I. 


3?ounbflf ions  of  JlBesonir  £afo. 


THE  Foundations  of  Masonic  Law  are  to  be  found  in  the 
Landmarks,  or  Unwritten  Law,  and  in  the  Ancient  Consti- 
tutions, or  the  Written  Law.  These  will,  therefore,  constitute 
the  subject  matte  •  of  the  preaeut  book. 


THE  FOUNDATIONS  OF  MASONIC  LAW. 


CHAPTER    I. 
(EJe  3Latrtrmarrfe0,  or  tfje  aantorttten  Hato 

Sm  WILLIAM  BLACKSTONE  commences  his  Com- 
mentaries on  the  Laws  of  England  with  the  succinct 
definition,  that  "  law,  in  its  most  general  and  com- 
prehensive sense,  signifies  a  rule  of  action,  and  is 
applied  to  all  kinds  of  action,  whether  animate  or 
inanimate,  rational  or  irrational."  It  is  in  this 
sense  that  we  speak  of  the  laws  of  a  country  as 
being  those  rules,  whether  derived  from  positive 
enactment  of  the  legislative  authority,  or  from  long- 
established  custom,  by  which  the  conduct  of  its 
citizens  or  subjects  is  regulated. 

So  too,  societies,  which  are  but  empires,  kingdoms, 
or  republics  in  miniature,  are  also  controlled  by 
rules  of  action  which  are,  to  their  respective  mem- 
bers, as  perfect  laws  as  the  statutes  of  the  realm. 
And  hence  Freemasonry,  as  the  most  ancient  and 
universal  of  all  societies,  is  governed  by  its  laws  or 
rules  of  action,  which  either  spring  out  of  ita 


14  THE   LANDMARKS,   OR 

organization,  and  are  based  upon  its  long-established 
customs  and  usages,  or  which  are  derived  from  the 
enactment  of  its  superintending  tribunals. 

This  difference  in  the  origin  of  the  Laws  of 
Masonry* leads  to  a  threefold  division  of  them,  as 
follows : 

1.  LANDMARKS. 

2.  GENERAL  REGULATIONS. 

3.  LOCAL  REGULATIONS. 

The  writers  on  municipal  law  have  made  a  divi- 
sion of  all  laws  into  unwritten  and  written — the 
"  leges  non-scriptae"  and  "  leges  scriptae."*  Apply- 
ing these  terms  to  the  threefold  division  of  Masonic 
Law,  we  should  say  that  the  unwritten  laws  or  cus- 
toms of  Masonry  constitute  its  Landmarks,  and  that 
the  written  law  is  to  be  obtained  in  the  regulations 
made  by  the  supreme  Masonic  authority,  and  which 
are  either  general  or  local,  as  the  authority  which 
enacted  them  was  either  general  or  local  in  its 
character. 

*  Blackstone  defines  the  "  unwritten  laws"  as  those  whose  "  original  instr 
tution  and  authority  are  not  set  down  in  writing  as  acts  of  parliament  are, 
but  receive  their  binding  power  and  the  force  of  laws  by  long  and  imme- 
morial usage,  and  by  their  universal  reception  throughout  the  kingdom." 
And  he  defines  the  "  written  laws"  to  be  the  "  statutes,  acts  or  edicts  made 
by  and  with  the  advice  and  consent  of  the  lords  spiritual  and  temporal  and 
commons  in  parliament  assembled." — Comment.  Inlrod.,  §  3.  The  civil  law 
of  the  Romans  made  a  similar  distinction  into  the  "jus  scriptum"  and  the 
"  jus  non  scriptum,"  the  latter  or  unwritten  law  being  also  called  the  "jus 
raoribus  constitutum,"  or  the  law  founded  on  "  consuetude  inveterata,"  or 
Immemorial  custom.  The  Hebrews,  too,  had  their  double  set  of  laws,  the 
written,  which  are  found  in  the  Pentateuch,  and  the  oral,  said  to  have  been 
given  by  God  to  Moses,  to  be  by  him  orally  communicated  to  Aaron  and  tlw 
elders,  and  thence  traditionally  handed  down  to  future  generations. 


THE  UNWKITTEJST  LAW.  15 

Of  the  nature  of  the  Landmarks  of  Masonry, 
there  has  been  some  diversity  of  opinion  among 
writers  ;*  but  perhaps  the  safest  method  is  to  re- 
strict them  to  those  ancient,  and  therefore  universal, 
customs  of  the  Order,  which  either  gradually  grew 
into  operation  as  rules  of  action,  or  if  at  once 
enacted  by  any  competent  authority,  were  enacted 
at  a  period  so  remote,  that  no  account  of  their  ori- 
gin is  to  be  found  in  the  records  of  history.  Both 
the  enactors  and  the  time  of  the  enactment  have 
passed  away  from  the  record,  and  the  Landmarks 
are  therefore  "  of  higher  antiquity  than  memory  or 
history  can  reach." 

The  first  requisite,  therefore,  of  a  custom  or  rule 
of  action  to  constitute  it  a  Landmark  is,  that  it 
must  have  existed  from  "  time  whereof  the  memory 
of  man  runneth  not  to  the  contrary. "f  Its  antiquity 
is  its  essential  element.  Were  it  possible  for  all 
the  Masonic  authorities  at  the  present  day  to  unite 
in  a  universal  congress,  and  with  the  most  perfect 
unanimity  to  adopt  any  new  regulation,  although 

*  "  With  respect  to  the  Landmarks  of  Masonry,  some  restrict  them  to  the 
0.  B.,  signs,  tokens  and  words.  Others  include  the  ceremonies  of  initiation, 
passing  and  raising;  and  the  form,  dimensions  and  supports  ;  the  ground, 
situation  and  covering;  the  ornaments,  furniture  and  jewels  of  a  lodge,  or 
their  characteristic  symbols.  Some  think  that  the  order  has  no  landmarks 
beyond  its  peculiar  secrets." — OLIVER,  Diet.  Symb.  Mas.  All  these  are 
l©ose  and  unsatisfactory  definitions,  excluding  things  that  are  essential,  and 
admitting  others  that  are  non-essential. 

f-  Blackstone  says,  (Introd.  §  3),  "the  goodness  of  a  custom  depends 
upon  its  having  been  used  time  out  of  mind:  or  in  the  solemnity  of  our  legal 
phrase,  time  whereof  the  memory  of  man  runneth  not  to  the  contrary.  This, 
it  is,  that  gives  it  its  weight  and  authority."  All  this  may  be  applieu  iu  the 
precise  terms  *o  the  Landmarks  of  Freemasonry. 


1G  THE   LANDMARKS,    OB 

such  regulation  would,  so  long  as  it  remained  unre 
pealed,  be  obligatory  on  the  whole  craft,  yet  ii 
would  not  be  a  landmark.  It  would  have  the 
character  of  universality,  it  is  true,  but  it  would  be 
wanting  ii.  that  of  antiquity. 

Another  peculiarity  of  these  Landmarks  of  Ma- 
sonry is,  that  they  are  unrepealable.  As  the  con- 
gress to  which  I  have  just  alluded  would  not  have 
the  power  to  enact  a  Landmark,  so  neither  would  it 
have  the  prerogative  of  abolishing  one.  The  Land- 
marks of  the  Order,  like  the  laws  of  the  Medes  and 
the  Persians,  can  suffer  no  change.  What  they 
were  centuries  ago,  they  still  remain,  and  must 
so  continue  in  force  until  Masonry  itself  shall  cease 
to  exist. 

It  is  fortunate  for  the  stability  of  Masonry,  that 
Landmarks  so  unchangeable  should  exist ;  they  stand 
in  the  way  of  innovations  controllhig  and  checking 
them,*  and  if  sometimes  inadvertently  violated,  are 
ever  bringing  the  reflective  and  conscientious  Mason 
back  again  under  their  influence,  and  preserving 
that  general  uniformity  of  character  and  design 
which  constitutes  the  true  universality  of  the  insti- 
tution. But  it  is  equally  fortunate  for  the  prosper- 
ity of  the  Order,  and  for  its  capacity  of  keeping  up 
with  the  progress  of  the  age,  that  these  Landmarks 

*  "  The  preservation  of  the  ancient  customs  is  a  very  considerable  point 
in  respect  to  manners.  Since  a  corrupt  people  seldom  perform  any  memor- 
able actions,  seldom  establish  societies,  build  cities  or  enact  laws;  on  the 
contrary,  since  most  institutions  are  derived  from  people  of  simple  or  severe 
morals;  to  recall  men  to  the  ancient  maxims  is  generally  recalling  them  tc 
t-irtue." — MONTESQUIEU  Spirit  of  Laws,  V.  vii. 


THE    UNWRITTEN    LAW.  IT 

are  few  in  number.  They  are  sufficiently  numerous 
to  act  as  bulwarks  against  innovation,  but  not  suf- 
ficient to  stand  in  the  way  of  needful  reform.* 

The  Landmarks  of  Masonry,  so  far  as  I  have 
been  enabled  to  compute  them,  after  the  most  care 
ful  examination,  amount  only  to  twenty-five  in  num- 
ber, and  arc  as  follows  : 

SLautrmnrH  jFtrst. 

THE  MODES  OF  RECOGNITION  are,  of  all  the  Land- 
marks, the  most  legitimate  and  unquestioned. t 
They  admit  of  no  variation  ;  »ud  if  ever  they  have 
suffered  alteration  or  addition,  the  evil  of  such  a 
violation  of  the  ancient  law  has  always  made  itself 
subsequently  manifest.  An  admission  of  this  is  to 
be  found  in  the  proceedings  of  the  late  Masonic 
Congress  at  Paris,  where  a  proposition  was  pre- 
sented to  render  these  modes  of  recognition*  once 

*  The  fundamental  principles  of  Freemasonry  are,  it  is  true,  the  same  now 
that  they  were  in  the  very  beginning  of  the  institution,  and  must  always  con- 
tinue the  same.  And  yet  there  can  be  no  doubt  that,  like  every  other  science, 
Freemasonry  is  progressive  in  its  character.  It  must  of  necessity  be  in- 
fluenced by  the  progress  of  the  age.  Even  now  it  is  in  a  transition  state  in 
this  country,  passing  from  the  simply  social  condition  which  it  presented  less 
than  half  a  century  ago  to  the  character  of  a  scientific  and  philosophical  asso- 
ciation. For  proof  of  this,  look  to  the  Grand  Lodge  proceedings  of  1815 
and  of  1858.  With  the  progress  in  literary  improvement,  the  Landmarks 
do  not  interfere. 

t  Smith  says  that  at  the  institution  of  the  order  to  each  of  the  degrees, 
"  a  particular  distinguishing  test  was  adopted,  which  test,  together  with  the 
explication,  was  accordingly  settled  and  communicated  to  the  fraternity 
previous  to  their  dispersion,  under  a  necessary  and  solemn  injunction  tc 
secrecy;  and  they  have  been  most  cautiously  preserved  and  transmitted 
aown  to  posterity  by  faithful  brethren,  ever  since  their  emigration.''—  Use 
and  Abiite  of  Freemasonry,  p.  46. 


18  THE   LANDMARKS,    OR 

more  universal*  —  a  proposition  which  ncvei  wo  aid 
have  been  necessary,  if  the  integrity  of  this  im- 
portant Landmark  had  been  rigorously  preserved. 


Secontr, 

THE  DIVISION  OF  SYMBOLIC  MASONRY  INTO  THREE 
DEGREES,'!*  is  a  Landmark  that  has  been  better  pre- 
served than  almost  any  other,  although  even  here 
the  mischievous  spirit  of  innovation  has  left  its 
traces,  and  by  the  disruption  of  its  concluding  por- 
tion from  the  third  degree,!  a  want  of  uniformity 
has  been  created  in  respect  to  the  final  teaching  of 
the  Master's  order  ;  and  the  Royal  Arch  of  Eng- 
land, Scotland.  Ireland,  and  America,  and  the  "  high 
degrees"  of  France  and  Germany,  are  all  made  to 
differ  in  the  mode  in  which  they  lead  the  neophyte 

*  That  proposition  is  contained  in  the  7th  resolution  of  the  Congress,  and 
is  in  these  words  :  "  Masters  of  lodges,  in  conferring  the  degree  of  Master 
Mason,  should  invest  the  candidate  with  the  words,  signs  and  grips  of  the 
Scottish  and  Modern  rites."  If  the  Landmark  had  never  been  violated,  the 
resolution  would  have  been  unnecessary.  The  symbolic  degrees  being  the 
foundation  of  all  masonry,  should  never  have  been  permitted  to  differ  in  any 
of  the  rites. 

t  Smith  thus  accounts  for  this  Landmark:  "  Though  there  were  no  ap- 
prentices employed  in  the  building  of  the  temple,  yet  as  the  craftsmen  were 
all  intended  to  be  promoted  to  the  degree  of  Masters,  after  its  dedication; 
and  as  these  would  receive  a  succession  by  receiving  apprentices,  who 
might  themselves  in  due  time  become  Masters,  it  was  determined  that  the 
gradations  in  the  science  should  consist  in  three  distinct  degrees."  —  Use 
and  Abuse  of  Freemasonry,  p.  46.  Lond.,  1783. 

J  Dr.  Olivet  says  that  "  the  difference  between  the  ancient  and  modern 
systems  (that  is,  between  the  ancient  and  modern  Lodges  in  the  18th  cen- 
tury) consisted  solely  in  the  mutilation  of  the  third  degree."  See  "  Some 
Account  of  the  Schism"  &c.,  which  contains  a  full  relation  of  this  disrup 
tiou  of  the  Royal  Arch  from  the  Master's  degree. 


TEE   UNWRITTEN   LAW.  19 

to  the  great  consummation  of  all  symbolic  Masonry.  * 
In  1813,  the  Grand  Lodge  of  England  vindicated 
the  ancient  Landmark,  by  solemnly  enacting  that 
Ancient  Craft  Masonry  consisted  of  the  three  de- 
grees of  Entered  Apprentice,  Fellow  Craft,  and 
Master  Mason,  including  the  Holy  Royal  Arch.f 
But  the  disruption  has  never  been  healed,  and  the 
Landmark,  although  acknowledged  in  its  integrity 
by  all,  still  continues  to  be  violated. 


Siantrmarfc 

THE  LEGEND  OF  THE  THIRD  DEGREE  is  an  import- 
ant Landmark,  the  integrity  of  which  has  been 
well  preserved.^  There  is  no  rite  of  Masonry, 
practised  in  any  country  or  language,  in  which  the 
essential  elements  of  this  legend  are  not  taught. 
The  lectures  may  vary,  and  indeed  are  constantly 
changing,  but  the  legend  has  ever  remained  sub- 
stantially the  same.  And  it  is  necessary  that  it 

*  The  true  word,  which  is  the  symbol  of  divine  truth,  is  the  great  ob- 
ject of  Freemasonry.  Any  system  without  it  must  be  imperfect;  and  there- 
fore in  all  the  various  rites,  and  I  might  almost  say  that  their  name  was 
legion,  this  true  word  is  sought  for,  but  the  search  is  in  each,  prosecuted 
in  a  different  way,  which  really  constitutes  the  essential  difference  of  the 
masonic  rites. 

t  "  It  is  declared  and  pronounced  that  pure  ancient  Masonry  consists  of 
three  degrees,  and  no  more;  viz  :  those  of  the  Entered  Apprentice,  the 
Fellow  Craft  and  the  Master  Mason,  including  the  Supreme  Order  of  the 
Holy  Royal  Arch."  —  Articles  of  Union  between  Hie  Two  G-rand  Lodges 
of  England,  1813.  Art.  5i. 

£  "  After  the  union  of  speculative  and  operative  Masonry,  and  when  the 
temple  of  Solomon  was  completed,  a  legend  of  sublime  and  symbolic  mean- 
ing was  introduced  into  the  system,  which  is  still  retained,  and  consequently 
Known  to  all  Master  Masons."  —  OLIVER,  Landmarks,  vol.  ii.  p.  169. 


JO  THE   LANDMARKS,    OB 

should  be  so,  for  the  legend  of  the  Temple  Builder 
constitutes  the  very  essence  and  identity  of  Masonry. 
Any  rite  which  should  exclude  it,  or  materially  alter 
it,  would  at  once,  by  that  exclusion  or  alteration, 
cease  to  be  a  Masonic  rite. 

SLnntrmarfc  JFourtfj, 

THE  GOVERNMENT  OF  THE  FRATERNITY,  by  a  pre- 
siding officer  called  a  Grand  Master,  who  is  elected 
from  the  body  of  the  craft,  is  a  fourth  Landmark  of 
the  Order.*  Many  persons  ignorantly  suppose  that 
the  election  of  the  Grand  Master  is  held  in  conse- 
quence of  a  law  or  regulation  of  the  Grand  Lodge. 
Such,  however,  is  not  the  case.t  The  office  is  in- 
debted for  its  existence  to  a  Landmark  of  the  Order. 
Grand  Masters  are  to  be  found  in  the  records  of  the 
institution  long  before  Grand  Lodges  were  estab- 
lished ;  and  if  the  present  system  of  legislative 
government  by  Grand  Lodges  were  to  be  abolished, 
a  Grand  Master  would  still  be  necessary.  In  fact, 

*  "  No  brother  can  be  a  Warden,  until  be  has  passed  the  part  of  a  Fellow 
Craft;  nor  a  Master,  until  he  has  acted  as  a  Warden  ;  nor  Grand  Warden, 
until  he  has  been  Master  of  a  lodge;  nor  Grand  Master,  unless  he  has  been 
a  Fellow  Craft  before  his  election."— 0/d  Charges,  iv. 

f  The  mode  and  time  of  his  election  is,  in  modern  times,  prescribed  by 
a  regulation  of  the  Grand  Lodge,  it  is  true,  but  the  office  itself  exists  inde- 
pendently of  any  such  regulation.  When  installed  into  office,  it  is  not  as  the 
Grand  Master  of  the  Grand  Lodge,  but  as  the  "  Grand  Master  of  Masons." — 
See  ANDERSON'S  Constitutions,  Id  edit,  passim.  The  earliest  references  to 
the  office  in  English  Masonry  is  in  the  time  of  the  Emperor  Carausius,  m  the 
third  century,  who,  as  Preston  states,  "  granted  the  Masons  a  charter,  and 
commandwl  Albanus  to  preside  over  them  in  person  as  Grand  Master."-- 
PJIESTON,  Illustrations,  p.  125.  Oliv.  edit. 


THE   UNWRITTEN  LAW.  21 

although  there  has  been  a  period  within  the  records 
of  history,  and  indeed  of  very  recent  date,  when  a 
Grand  Lodge  was  unknown,  there  never  has  been  a 
time  when  the  craft  did  not  have  their  Grand 
Master.* 


THE  PREROGATIVE  OF  THE  GRAND  MASTER  TO  PRE- 
SIDE over  every  assembly  of  the  craft,  wheresoever 
and  whensoever  held,  is  a  fifth  Landmark.  It  is  in 
consequence  of  this  law;  derived  from  ancient  usage, 
and  not  from  any  special  enactment,  that  the  Grand 
Master  assumes  the  chair,  or  as  it  is  called  in  Eng- 
land. "  the  throne,"  at  every  communication  of  the 
Grand  Lodge  ;t  and  that  he  is  also  entitled  to  pre- 
side at  the  communication  of  every  Subordinate 
Lodge,  where  he  may  happen  to  be  present:]: 


THE  PREROGATIVE  OF  THE  GRAND  MASTER  TO 
GRANT  DISPENSATIONS  for  conferring  degrees  at  ir- 
regular times,  is  another  and  a  very  important 

*  "  The  Grand  Master  is  not  a  creation  of  the  General  Regulations,  the 
Ancient  Charges  or  Written  Constitutions.  He  existed  when  all  those  that 
we  know  anything  of  were  made."  —  Com.  of  Correspond.  G.  L.  N.  Y., 
1851. 

•f  The  Thirty-nine  General  Regulations,  adopted  in  1721,  acknowledged 
this  Landmark  in  the  following  words:  "  The  Grand  Lodge  consists  of  and 
is  formed  by  the  Master  and  Wardens  of  all  the  regular  particular  Lodges 
on  record,  with  the  Grand  Master  at  their  head."  —  Twelfth  Regulation. 

$  Thus,  in  the  First  General  Regulation:  "  The  Grand  Master,  or  his 
Deputy,  hath  authority  and  right,  not  only  to  be  present  in  any  true  Lodge, 
but  also  to  pre«ide  wheresoever  he  is,  with  the  Master  of  the  Lodge  on  bis 
left  hand.r 


22  THE  LANDMARKS,   OB 

Landmark.  The  statutory  law  of  Masonry  requires 
a  month,  or  other  determinate  period,  to  elapse 
between  the  presentation  of  a  petition  and  the  elec- 
tion of  a  candidate.  But  the  Grand  Master  has  the 
power  to  set  aside  or  dispense  with  this  probation, 
and  to  allow  a  candidate  to  be  initiated  at  once. 
This  prerogative  he  possessed  in  common  with  all 
Masters,*  before  the  enactment  of  the  law  requiring 
a  probation,  and  as  no  statute  can  impair  his  pre- 
rogative, he  still  retains  the  power,  although  the 
Masters  of  Lodges  no  longer  possess  it. 


THE  PREROGATIVE  OF  THE  GRAND  MASTER  TO 
GIVE  DISPENSATIONS  for  opening  and  holding  Lodges, 
is  another  Landmark.  He  may  grant,  in  virtue  of 
this,  to  a  sufficient  number  of  Masons,  the  privilege 
of  meeting  together  and  conferring  degrees.  The 
Lodges  thus  established  are  called  "  Lodges  under 
Dispensation."  They  are  strictly  creatures  of  the 
Grand  Master,  created  by  his  authority,  existing 
only  during  his  will  and  pleasure,  and  liable  at  any 
moment  to  be  dissolved  at  his  command.  They 
may  be  continued  for  a  day,  a  month,  or  six  months  ; 
but  whatever  be  the  period  of  their  existence,  they 

*  PRESTON  says:  "  A  sufficient  number  of  Masons  met  together  within  a 
certain  district,  with  the  consent  of  the  sheriff  or  chief  magistrate  of  thf 
place,  were  empowered  at  this  time,  (i.e.  anterior  to  1717)  to  make  Masons 
and  practice  the  rites  of  Masonry  without  warrant  of  constitution.  The 
privilege  was  inherent  in  them  as  individuals;  and  this  privilege  is  still  en- 
joyed by  the  two  old  Lodges  now  extant,  which  act  by  immemorial  constitu 
tion."  —Illustrations,  p.  182,  ncie. 


THE   UNWRITTEN   LAW.  23 

are  indebted  for  that  existence  solely  to  the  grace 
of  the  Grand  Master.* 


THE  PREROGATIVE  OP  THE  GRAND  MASTER  TO 
MAKE  MASONS  AT  SIGHT,  is  a  Landmark  which  is 
closely  connected  with  the  preceding  one.f  There 
has  been  much  misapprehension  in  relation  to  this 
Landmark,  which  misapprehension  has  sometimes 
led  to  a  denial  of  its  existence  in  jurisdictions  where 
the  Grand  Master  was  perhaps  at  the  very  time 
substantially  exercising  the  prerogative,  without  the 
slightest  remark  or  opposition.!  It  is  not  to  be 

*  If,  according  to  the  preceding1  note,  the  privilege  of  meeting  and  confer- 
ring the  degrees  was  originally  inherent  in  all  Masons,  as  individuals,  then 
it  must  also  have  been  inherent  in  the  Grand  Master,  and  was  therefore 
his  prerogative,  as  well  as  that  of  every  other  member  of  the  craft.    But  at 
the  reorganization  of  the  order  in  1717,  the  Masons,  as  a  body,  surrendered 
this  prerogative  to  the  Grand  Lodge;  (see  PRESTON,  as  above,)  but  they 
could  not  surrender  the  prerogative  of  the  Grand  Master,  for  it  was  not  theirs 
to  surrender.    Consequently  he  still  exercises  it,  and  may  assemble  Masons 
together  either  personally  or  by  proxy;  in  such  cases,  the  Lodge  meets,  as 
of  old,  without  a  warrant  of  constitution;  and  to  enable  it  to  do  so,  the 
Grand  Master  issues  his  dispensation  ;  that  is,  he  dispenses  with  the  law 
enacted  in  1717,  which  requires  such  warrant. 

t  "  We  think  this  to  be  the  rule,  because  we  do  not  think  the  regulation 
of  June  24th,  1717,  restricting  the  future  assemblage  of  Masons,  except  in 
the  four  old  Lodges  in  London,  to  Lodges  held  under  warrant,  was  intended 
to  apply  to  the  Grand  Master  or  the  Grand  Lodge  in  session,  but  rather  to 
the  craft,  in  other  respects."—  Com.  of  Correspond.  G.  L.  ofN.  Y.,  1851.  Of 
course  not;  for  if  it  did,  supposing  that  it  legally  could,  then  the  Grand  Mastei 
would  be  deprived  of  the  power  of  granting  dispensations  to  open  Lodges,  tor 
his  prerogatives  of  making  Masons  at  sight  and  of  opening  Lodges  are 
founded  on  the  »ame  principle. 

*  That  is,  whenever  the  Grand  Master  granted  h's  dispni  nation  to  an 
onchartered  Lodge  *.o  dispense  with  the  necessary  probation,  and  was 


24  THE   LANDMARKS,   OB 

supposed  that  the  Grand  Master  can  retire  with  a 
profane  into  a  private  room,  and  there,  withou 
assistance,  confer  the  degrees  of  Freemasonry  upoi. 
him.  No  such  prerogative  exists,  and  yet  many  be- 
lieve that  this  is  the  so  much  talked  of  right  of 
"  making  Masons  at  sight."  The  real  mode  and  the 
only  mode  of  exercising  the  prerogative  is  this  :  The 
Grand  Master  summons  to  his  assistance  not  less 
than  six  other  Masons,  convenes  a  Lodge,  and  with 
out  any  previous  probation,  but  on  sight  of  the  can- 
didate, confers  the  degrees  upon  him,  after  which 
he  dissolves  the  Lodge,  and  dismisses  the  brethren. 
Lodges  thus  convened  for  special  purposes  are  called 
"  occasional  lodges."  This  is  the  only  way  in  which 
any  Grand  Master  within  the  records  of  the  insti- 
tution has  ever  been  known  to  "  make  a  Ma?on  at 
sight."  The  prerogative  is  dependent  upon  that  of 
granting  dispensations  to  open  and  hold  Lodges. 
If  the  Grand  Master  has  the  power  of  granting  to 
any  other  Mason  the  privilege  of  presiding  over 
Lodges  working  by  his  dispensation,  he  may  assume 
this  privilege  of  presiding  to  himself;  and  as  no 
one  can  deny  his  right  to  ?evoke  his  dispensation 
granted  to  a  number  of  brethren  at  a  distance,  and 
to  dissolve  the  Lodge  at  his  pleasure,  it  will  scarcely 
be  contended  that  he  may  not  revoke  his  dispensa- 
tion for  a  Lodge  over  which  he  himself  has  been 
oresiding,  within  a  day,  and  dissolve  the  Lodge  aa 
soon  as  the  business  for  whi:h  he  had  assembled  it 

present  and  presiding  at  the  conferring   /  the  degrees,  he  was  viitnail 
making  a  Mason  at  sight 


THE   UNWRITTEN   LAW.  25 

is  accomplished.  The  making  of  Masons  at  sight 
is  only  the  conferring  of  the  degrees  by  the  Grand 
Master,  at  once,  in  an  occasional  Lodge,*  consti- 
tuted by  his  dispensing  power  for  the  purpose,  and 
over  which  he  presides  in  person. 


Zanfrmnrft 

THE  NECESSITY  FOR  MASONS  TO  CONGREGATE  IN 
LODGES  is  another  Landmark.!  It  is  not  to  be  un- 
derstood by  this  that  any  ancient  Landmark  has 
directed  that  permanent  organization  of  subordi- 
nate Lodges  which  constitutes  one  of  the  features 
of  the  Masonic  system  as  it  now  prevails.  But  the 
Landmarks  of  the  Order  always  prescribed  that 
Masons  should  from  time  to  time  congregate  to- 
gether, for  the  purpose  of  either  operative  or  specu- 
lative labor,  and  that  these  congregations  should  be 
called  Lodges.  Formerly  these  were  extemporary 
meetings  called  together  for  special  purposes,  and 
then  dissolved,  the  brethren  departing  to  meet  again 
at  other  times  and  other  places,  according  to  the 
necessity  of  circumstances.  But  warrants  of  con- 
stitution, by-laws,  permanent  officers  and  annual 

*  These  occasional  Lodges  have  been  often  called  by  the  English  Grand 
Masters  since  1717,  and  frequent  records  of  the  fact  are  to  be  found  in 
Anderson's  Constitutions,  Almost  all  of  the  princes  of  the  rcyal  family, 
when  made  Masons,  were  initiated,  passed  and  raised  at  sight,  and  i» 
occasional  Lodges. 

t  "  A  Lodge  is  a  place  where  Masons  assemble  and  work;  hence  that 
assembly  or  duly  organized  society  of  Masons  is  called  a  Lodge,  and  eveiy 
brother  ought  to  belong  to  one,  and  to  be  subject  to  its  by-laws  and  the  gene 
ral  regulations.''—  Old  Charges,  in. 


26  THE   LANDMARKS,    OB 

arrears,  are  modern  innovations  wholly  outside 
of  the  Landmarks,  and  dependent  entirely  on  the 
special  enactments  of  a  comparatively  recent  period. 


THE  GOVERNMENT  OF  THE  CRAFT,  when  so  con- 
gregated in  a  Lodge  by  a  Master  and  two  Wardens. 
is  also  a  Landmark.*  To  show  the  influence  of  this 
ancient  law,  it  may  be  observed  by  the  way,  that  a 
congregation  of  Masons  meeting  together  under 
any  other  government,  as  that  for  instance  of  a 
president  and  vice-president,  or  a  chairman  and  sub- 
chairman,  would  not  be  recognized  as  a  Lodge. 
The  presence  of  a  Master  and  two  Wardens  is  as 
essential  to  the  valid  organization  of  a  Lodge  as  a 
warrant  of  constitution  is  at  the  present  day.  The 
names,  of  course,  vary  in  different  languages,  the 
Master,  for  instance,  being  called  "  Venerable"  in 
French  Masonry,  and  the  Wardens  "  Surveillants," 
but  the  officers,  their  number,t  prerogatives  and 
duties,  are  everywhere  identical. 


JLantrmarfc 
THE  NECESSITY  THAT  EVERY  LODGE,  WHEN  CON- 

*  The  Old  Charges  allude  to  the  antiquity  of  these  officers  in  the  follow- 
ing language  :  "  In  ancient  times  no  Master  or  Fellow  could  be  absent  from 
the  Lodge  when  warned  to  appear  at  it,  without  incurring  a  severe  censure, 
until  it  appeared  to  the  Master  and  Wardens  that  pure  necessity  hindered 
him."  —  Charges,  iii. 

t  The  number,  three,  of  these  offices,  is  essential  to  the  symbolism  of  the 
Order,  because  they  refer,  as  corresponding  officers  always  did,  in  the 
ancient  Mysteries,  to  the  sun  at  its  rising,  its  meridian  height,  and  its  setting. 
So  long  as  Masonry  preserves  its  symbolic  character,  these  officers  must  ba 
retained,  and  their  peculiar  positions  preserved. 


THE  UNWRITTEN   LAW.  27 

GREGATED,  SHOULD  BE  DULY  TILED,  is  an  important 
Landmark  of  the  institution,  which  is  never  neg- 
lected. The  necessity  of  this  law  arises  from  the 
esoteric  character  of  Masonry.  As  a  secret  insti- 
tution, its  portals  must  of  course  be  guarded  from 
the  intrusion  of  the  profane,  and  such  a  law  must 
therefore  always  have  been  in  force  from  the  very 
beginning  of  the  Order.*  It  is  therefore  properly 
classed  among  the  most  ancient  Landmarks.  The 
office  of  Tiler  is  wholly  independent  of  any  special 
enactment  of  Grand  or  Subordinate  Lodges,  al- 
though these  may  and  do  prescribe  for  him  addi- 
tional duties,  which  vary  in  different  jurisdictions. 
But  the  duty  of  guarding  the  door,  and  keeping  of? 
cowans  and  eavesdroppers,  is  an  ancient  one,  which 
constitutes  a  Landmark  for  his  government. 


THE  RIGHT  OF  EVERY  MASON  TO  BE  REPRESENTED 
in  all  general  meetings  of  the  craft,  and  to  instruct 
his  representatives,  is  a  twelfth  Landmark.f  For- 
merly, these  general  meetings,  which  were  usually 
held  once  a  year,  were  called  •'  General  Assemblies,' 

*  The  appointment  of  a  Tiler  is  so  evidently  a  Landmark,  and  the  necessitj 
of  such  an  officer  so  apparent,  from  the  very  character  of  the  Masonic  insti 
tution,  that  neither  the  Old  Charges  nor  the  General  Regulations  make  anj 
allusion  to  him,  except  that  the  latter  refer  to  the  qualifications  of  the  Granc1 
Tiler  of  the  Grand  Lodge. 

f  This  Landmark  is  recognized  by  the  General  Regulations  in  these  words- 
"  The  majority  of  every  particular  Lodge,  when  congregated,  shall  have  the 
privilege  of  giving  instructions  to  their  Master  and  Wardens  before  the  as 
sembling  of  the  Grand  Chapter  or  Grand  Lodge."  —  Gen.  Reg.,  Art.  x. 


28  THE   LANDMARKS.    OR 

and  all  the  fraternity,  even  to  the  youngest  Entered 
Apprentice,  were  permitted  to  be  present.  Now 
they  are  called  "  Grand  Lodges/7  and  only  the  Mas- 
ters and  Wardens  of  the  Subordinate  Lodges  are 
summoned.  But  this  is  simply  as  the  representa- 
tives of  their  members.  Originally,  each  Mason 
represented  himself  ;  now  he  is  represented  by  his 
officers.  This  was  a  concession  granted  by  the  fra- 
ternity about  1717,  and  of  course  does  not  affect  the 
integrity  of  the  Landmark,  for  the  principle  of 
representation  is  still  preserved.  The  concession 
was  only  made  for  purposes  of  convenience.* 


STIjtrtecntfj. 

THE  RIGHT  OF  EVERY  MASON  TO  APPEAL  from  the 
decision  of  his  brethren  in  Lodge  convened,  to  the 
Grand  Lodge  or  General  Assembly  of  Masons,  is  a 
Landmark  highly  essential  to  the  preservation  of 
justice,  and  the  prevention  of  oppression.  t  A  few 
modern  Grand  Lodges,  in  adopting  a  regulation 
that  the  decision  of  Subordinate  Lodges,  in  cases 

*  See  a  full  relation  of  the  history  of  this  concession  in  PRESTON.  (Oliver's 
edition,  pp.  182-184.)  The  result  of  the  concession  is  given  in  these  words: 
"  Matters  being  thus  amicably  adjusted,  the  brethren  of  the  four  old  Lodges 
considered  their  attendance  on  the  future  communications  of  the  society  as 
unnecessary,  and,  therefore,  like  the  other  Lodges,  trusted  implicitly  to  their 
Mastei  and  Wardens,  resting  satisfied  that  no  measure  of  importance  would 
be  adopted  without  their  approbation."—  Illust.,  p.  183. 

t  The  Old  Charges  recognize  this  right  of  appeal  in  these  words:  "  If 
any  complaint  be  brought,  the  brother  found  guilty  shall  stand  to  the  award 
and  determination  of  the  Lodge,  who  are  the  proper  and  competent  judges 
of  all  such  controversies,  unless  you  carry  it  by  appeal  to  the  Grand  Lodge." 
—  Charge  vi.,  1. 


THE    UNWRITTEN   LAW.  29 

of  expulsion,  cannot  be  wholly  set  aside  upon  an  ap- 
peal, have  violated  this  unquestioned  Landmark,  33 
well  as  the  principles  of  just  government. 


JFourteentfj. 

THE  RIGHT  OF  EVERY  MASON  TO  VISIT  and  sit  in 
every  regular  Lodge  is  an  unquestionable  Land- 
mark of  the  Order.*  This  is  called  "  the  right  of 
visitation."  This  right  of  visitation  has  always 
been  recognized  as  an  inherent  right,  which  inures 
to  every  Mason  as  he  travels  through  the  world. 
And  this  is  because  Lod^>  are  justly  considered  as 
only  divisions  for  conve:.^nce  of  the  universal  Ma- 
sonic family.  This  right  may,  of  course,  be  im- 
paired or  forfeited  on  special  occasions  by  various 
circumstances  ;  but  when  admission  is  refused  to  a 
Mason  in  good  standing,  who  knocks  at  the  door  of 
a  Lodge  as  a  visitor,  it  is  to  be  expected  that 
some  good  and  sufficient  reason  shall  be  fur- 
nished for  this  violation,  of  what  is  in  general 
a  Masonic  right,  founded  on  the  Landmarks  of  the 
Order. 


*  The  MS.  in  possession  of  the  Lodge  of  Antiquity,  and  which  contains 
charges  written  in  the  reign  of  James  H.,  between  1685  and  1688,  recog- 
nizes this  right  of  visitation  in  the  welcome  which  it  orders  every  Mason 
to  give  to  a  strange  brother:  "  Thirteenthly,  that  every  Mason  receive  and 
cherish  strange  Fellows,  when  they  come  over  the  country,  and  set  them  on 
work,  if  they  will  work,  as  the  manner  is;  that  is  to  say,  if  the  Mason  have 
any  mould  stone  in  his  place,  he  shall  give  him  a  mould  stone,  and  set  him 
on  work;  and  if  he  have  none,  the  Mason  shall  refresh  him  with  money  unto 
the  next  Lodge."  All  this  implies  the  right  to  claim  and  the  duty  to  extend 
hospitality  to  a  visiting  brother, 


30  THE   LANDMARKS,    OB 

SLanfcmarfc  JFiftecnti), 
It  is  a  Landmark  of  the  Order,  THAT  NO  VISITOR, 

UNKNOWN    TO    THE   BRETHREN    PRESENT,   Or   to    SOme 

one  of  them  as  a  Mason,  can  enter  a  Lodge  without 
first  passing  an  examination  according  to  ancient 
usage.*  Of  course,  if  the  visitor  is  known  to  any 
brother  present  to  be  a  Mason  in  good  standing, 
and  if  that  brother  will  vouch  for  his  qualifications, 
the  examination  may  be  dispensed  with,  as  thr 
Landmark  refers  only  to  the  cases  of  strangers, 
who  are  not  to  be  recognized  unless  after  strict 
trial,  due  examination,  or  lawful  information. 


No  LODGE  CAN  INTERFERE  IN  THE  BUSINESS  OP 
ANOTHER  LODGE,  nor  give  degrees  to  brethren  who 
are  members  of  other  Lodges.t  This  is  undoubtedly 
an  ancient  Landmark,  founded  on  the  great  prin- 
ciples of  courtesy  and  fraternal  kindness,  which  are 
at  the  very  foundation  of  our  institution.  It  has 
been  repeatedly  recognized  by  subsequent  statutory 
enactments  of  all  Grand  Lodges. 


e 


*  Reference  is  made  to  this  important  Landmark  in  the  Old  Charges,vi.  6. 
in  the  directions  for"  behavior  to  a  strange  brother,"  where  we  find  the  fol- 
lowing language:  "  You  are  cautioned  to  examine  him  in  such  method  as 
prudence  shall  direct  you,  that  you  may  not  be  imposed  upon  by  an  ignorant 
pretender, whom  you  are  to  reject  with  contempt  and  derision,  and  beware 
of  giving  him  any  hints  of  knowledge." 

t  Thus  in  the  MS.  charges  of  the  Lodge  of  Antiquity:  "  That  no  Master 
or  Fellow  supplant  others  of  their  work;  that  is,  if  he  hath  taken  a  work 
or  else  stand  master  of  anj7  work,  that  lie  [i.e.  any  other,]  shall  not  p\rf 
him  out  unless  he  be  unable  of  cnnnjig  to  make  an  end  of  his  work.'' 


THE   UNWRITTEN   LAW.  31 

SLantrnrarfe  Sebenteeiiti). 
It  is  a  Landmark  that  EVERY  FREEMASON  is  AME- 

NABLE TO  THE  LAWS  AND  REGULATIONS  OF  THE  MA- 

SONIC JURISDICTION  in  which  he  resides,  and  this 
although  he  may  not  be  a  member  of  any  Lodge.* 
Non-affiliation,  which  is,  in  fact,  in  itself  a  Masonic 
offence,  does  not  exempt  a  Mason  from  Masonic 
jurisdiction. 


CERTAIN  QUALIFICATIONS  OF  CANDIDATES  FOR  IN- 
ITIATION are  derived  from  a  Landmark  of  the  Order.f 
These  qualifications  are  that  he  shall  be  a  man  — 
shall  be  unmutilated,  free  born,  and  of  mature  age.J 
That  is  to  say,  a  woman,  a  cripple,  or  a  slave,  or 
one  born  in  slavery,  is  disqualified  for  initiation  into 

*  The  same  charges  recognize  this  Landmark  in  these  words  :  "  Tenthly, 
that  every  Master  and  Fellow  shall  come  to  the  assembly,  if  it  be  within  fift/ 
miles  of  htm,  if  he  have  any  warning.  And  if  he  have  trespassed  against 
the  craft,  <o  abide  the  award  of  Masters  and  Fellows."  And  again: 
"  Eleventhly,  that  every  Master  Mason  and  Fellow  that  hath  trespassed 
against  the  craft,  shall  stand  to  the  correction  of  other  Masters  and  Fellows 
to  make  him  accord,  and  if  he  cannot  accord,  to  go  to  the  common  law." 

t  Thus  in  the  same  MS.  charges  these  qualifications  are  referred  to  : 
"  Thirdly,  that  he  that  be  made,  be  able  in  all  degrees  ;  that  is,  free  born, 
of  a  good  kindred,  true,  and  no  bondsman  ;  and  that  he  have  his  right  limbs 
as  a  man  ought  to  have."  And  the  Old  Charges,  collected  in  1717,  give  the 
qualifications  as  follows  :  "  The  persons  admitted  members  of  a  Lodge  must 
be  good  and  true  men,  free  born  and  of  mature  and  discreet  age,  no  bond- 
men, no  women,  no  immoral  or  scandalous  men,  but  of  good  report." 

J  In  the  regulations  adopted  by  the  General  Assembly,  27th  December, 
1663,  the  age  is  placed  at  twenty-one  years  :  "  That  no  person  be  accepted 
unless  he  be  twenty-one  years  old  or  more.''  —  See  ANDERSON,  2d  edit, 
t).  102 


82  THE  LANDMARKS,   OR 

the  rites  of  Masonry.  Statutes,  it  is  true,  have 
from  time  to  time  been  enacted,  enforcing  or  ex- 
plaining these  principles  •  but  the  qualifications 
really  arise  from  the  very  nature  of  the  Masonic 
institution,  and  from  its  symbolic  teachings,  and 
ave  always  existed  as  Landmarks. 


aatntrmarfe 

A  BELIEF  IN  THE  EXISTENCE  OF  GOD  AS  THE  GRAND 
ARCHITECT  of  the  universe,  is  one  of  the  most  im- 
portant Landmarks  of  the  Order  .*  It  has  been  al 
ways  deemed  essential  that  a  denial  of  the  existence 
of  a  Supreme  and  Superintending  Power,  is  an  abso- 
lute disqualification  for  initiation.  The  annals  of 
the  Order  never  yet  have  furnished  or  could  furnish 
an  instance  in  which  an  avowed  atheist  was  ever 
made  a  Mason.  The  very  initiatory  ceremonies  of 
the  first  degree  forbid  and  prevent  the  possibility 
of  so  monstrous  an  occurrence. 


Subsidiary  to  this  belief  in  God,  as  a  Landmark 
of  the  Order,  is  THE  BELIEF  IN  A  RESURRECTION  TO 
A  FUTURE  LiFE.f  This  Landmark  is  not  so  posi- 

*  It  were  needless  to  cite  authorities  on  this  point.  We  might  say,  that  the 
very  first  or  the  Old  Charges  begins  by  declaring  that  "  a  Mason  is  obliged 
by  his  tenure  to  obey  the  moral  law  ;  and  if  he  rightly  understands  the  art, 
he  will  never  be  a  stupid  atheist,  nor  an  irreligious  libertine." 

t  The  whole  scope  and  design  of  the  third  degree  is,  to  teach  the  resurree 
tion  from  the  dead,  as  that  of  the  Royal  Arch  is  to  inculcate  the  rewards  of  a 
future  life.  If  the  doctrine  of  the  resumction  were  false,  then  would  the 
ceremonies  of  the  tliird  degree  be  simply  a  farce  ;  and  luence  Hutchinsoi* 


THE   UNWRITTEN   LAW.  U 

lively  impressed  on  the  candidate  by  exact  words  as 
the  preceding  ;  but  the  doctrine  is  taught  by  very 
plain  implication,  and  runs  through  the  whole  sym- 
bolism of  the  Order.  To  believe  in  Masonry,  and 
not  to  believe  in  a  resurrection,  would  be  an  absurd 
anomaly,  which  could  only  be  excused  by  the  re- 
flection, that  he  who  thus  confounded  his  belief  and 
his  skepticism,  was  so  ignorant  of  the  meaning  of 
both  theories  as  to  have  no  rational  foundation  for 
his  knowledge  of  either. 


It  is  a  Landmark,  that  a  "  BOOK  OF  THE  LAW" 
shall  constitute  an  indispensable  part  of  the  furni- 
ture of  every  Lodge.*  I  say  advisedly,  a  Book  of 
the  Law,  because  it  is  not  absolutely  required  that 
everywhere  the  Old  and  New  Testaments  shall  be 
flsed.  The  "  Book  of  the  Law"  is  that  volume 
which,  by  the  religion  of  the  country,  is  believed  to 
contain  the  revealed  will  of  the  Grand  Architect  of 
the  universe.  Hence,  in  all  Lodges  in  Christian 
countries,  the  Book  of  the  Law  is  composed  of  the 
Old  and  New  Testaments  ;  in  a  country  where 
Judaism  was  the  prevailing  faith,  the  Old  Testa- 
ment alone  would  be  sufficient  ;  and  in  Mohamme- 

who  had  profoundly  studied  its  symbolism,  says,  that  the  Master  Mason's 
order  "  testifies  our  faith  concerning  the  resurrection  of  the  body."  —  Spirit 
of  Masonry,  p.  101. 

*  The  presence  of  a  Book  of  the  Law  in  a  Lodge,  as  a  part  of  its  furniture,  ia 
strictly  a  ritualistic  Landmark,  and  the  authorities  for  it  will  be  at  once  ev> 
dent  to  every  Mason. 


34  THE   LANDMARKS,    OR 

dan  countries,  and  among  Mohammedan  Masons, 
the  Koran  might  be  substituted.  Masonry  does 
not  attempt  to  interfere  with  the  peculiar  religious 
faith  of  its  disciples,  except  so  far  as  relates  to  the 
belief  in  the  existence  of  God,  and  what  necessarily 
results  from  that  belief.*  The  Book  of  the  Law  is 
to  the  speculative  Mason  his  spiritual  Trestle-board  ; 
without  this  he  cannot  labor  ;  whatever  he  believes 
to  be  the  revealed  will  of  the  Grand  Architect  con- 
stitutes for  him  this  spiritual  Trestle-board,  and 
must  ever  be  before  him  in  his  hours  of  speculative 
labor,  to  be  the  rule  and  guide  of  his  conduct.  The 
Landmark,  therefore,  requires  that  a  Book  of  the 
Law,  a  religious  code  of  some  kind,  purporting  to 
be  an  exemplar  of  the  revealed  will  of  God,  shall 
form  an  essential  part  of  the  furniture  of  every 
Lodge. 


THE  EQUALITY  OF  ALL  MASONS  is  another  Land- 
mark of  the  Order.f  This  equality  has  no  refer- 
ence to  any  subversion  of  those  gradations  of  rank 
which  have  been  instituted  by  the  usages  of  society  4 

*  On  the  subject  of  the  religious,  or  rather  the  doctrinal,  requirements 
of  Masonry,  the  Old  Charges  utter  the  following  explicit  language  :  "  Though 
in  ancient  times,  Masons  were  charged  in  every  country  to  be  of  the  religion 
of  that  country  or  nation,  whatever  it  was  ;  yet  it  is  now  thought  expedient 
only  to  oblige  them  to  that  religion  in  which  all  men  agree,  leaving  their 
particular  opinions  to  themselves."-  Charge  i. 

t  "  Masons  meet  upon  the  level."-  Ritual. 

$  "  Though  all  Masons  are  as  brethren  upon  the  same  level,  yet  Masonry 
t.ikas  no  honor  from  a  man  tha  he  had  before  ;  nay,  rather  it  adds  to  hii 


THE   UNWRITTEN   LAW.  35 

The  monarch,  the  nobleman  or  the  gentleman  is  en 
titled  to  all  the  influence,  and  receives  all  the 
respect  which  rightly  belong  to  his  exalted  position. 
But  the  doctrine  of  Masonic  equality  implies  that, 
as  children  of  one  great  Father,  we  meet  -in  the 
Lodge  upon  the  level  —  that  on  that  level  we  are  all 
traveling  to  one  predestined  goal  —  that  in  the  Lodge 
genuine  merit  shall  receive  more  respect  than 
boundless  wealth,  and  that  virtue  and  knowledge 
alone  should  be  the  basis  of  ail  Masonic  honors,  and 
be  rewarded  with  preferment.*  When  the  labors 
of  the  Lodge  are  over,  and  the  brethren  have  retired 
from  their  peaceful  retreat,  to  mingle  once  more 
with  the  world,  each  will  then  again  resume  that 
social  position,  and  exercise  the  privileges  of  that 
rank,  to  which  the  customs  of  society  entitle  him. 


THE  SECRECY  OF  THE  INSTITUTION  is  another  and 
a  most  important  Laridmark.t    There  is  some  diffi- 

honor,  especially  if  he  has  deserved  well  of  the  brotherhood,  who  must 
give  honor  to  whom  it  is  due,  and  avoid  ill  manners."—  Old  Charges, 
vi.,3. 

*  "  All  preferment  among  Masons  is  grounded  upon  real  worth  and  per- 
sonal merit  only."  —  Old  Charges,  iv. 

f  There  are  abundant  cautions  in  the  Old  Charges  which  recognize  the 
existence  of  this  Landmark,  and  the  necessity  of  preserving  it.    Thus  in  the 
direction  for  the  behavior  of  brethren  who  meet  without  strangers,  it  is  said  •. 
"  You  will  salute  one  another  in  a  courteous  manner,  .......  freely  giving 

mutual  instruction  as  shall  be  thought  expedient,  without  being  overseen  or 
overheard  ;"  and  in  the  presence  of  strangers  :  "  You  shall  be  cautious  ic 
your  words  and  carriage,  that  the  most  penetrating  stranger  shall  act  b 
able  to  discover  or  6nd  out  what  is  not  proper  to  be  intimated." 


3ft  THE   LANDMARKS,    OB 

culty  in  precisely  defining  what  is  meant  by  a 
"seciet  society/7  If  the  term  refers,  as  perhaps., 
in  strictly  logical  language  it  should,  to  those  asso- 
ciations whose  designs  are  concealed  from  the  pub- 
lic eye,  and  whose  members  are  unknown,  which 
produce  their  results  in  darkness,  and  whose  opera- 
tions are  carefully  hidden  from  the  public  gaze — a 
definition  which  will  be  appropriate  to  many  politi- 
cal clubs  and  revolutionary  combinations  in  despotic 
countries,  where  reform,  if  it  is  at  all  to  be  effected, 
must  be  effected  by  stealth — then  clearly  Free- 
masonry is  not  a  secret  society.  Its  design  is  not 
only  publicly  proclaimed,  but  is  vaunted  by  its  dis- 
ciples as  something  to  be  venerated — its  disciples 
are  known,  for  its  membership  is  considered  an 
honor  to  be  coveted — it  works  for  a  result  of  which 
it  boasts — the  civilization  and  refinement  of  man, 
the  amelioration  of  his  condition,  and  the  reforma- 
tion of  his  manners.  But  if  by  a  secret  society  is 
meant — and  this  is  the  most  popular  understanding 
of  the  term — a  society  in  which  there  is  a  certain 
amount  of  knowledge,  whether  it  be  of  methods  of 
recognition,  or  of  legendary  and  traditional  learn- 
ing,* which  is  imparted  to  those  only  who  have 
passed  through  an  established  form  of  initiation, 
the  form  itself  being  also  concealed  or  esoteric, 


*  The  Leland  MS.,  containing  the  answers  of  the  Masons  to  the  questions 
of  King  Henry  the  Sixth,  gives  a  long  list  of  the  secrets  which  the 
Masons  "  conceal  and  hide,"  the  catalogue  of  secret  sciences  ending  with 

the  nniversalle  longage  of  Masonnes,"  that  is,  the  peculiar  modes  of 
recognition. 


THE  UNWRITTEN   LAW.  B7 

then  iii  this  sense  is  Freemasonry  undoubtedly  a 
secret  society.  Now  this  form  of  secrecy  is  a  form 
inherent  in  it,  existing  with  it  from  its  very  founda- 
tion, and  secured  to  it  by  its  ancient  Landmarks. 
If  divested  of  its  secret  character,  it  would  lose  its 
identity,  and  would  cease  to  be  Freemasonry.* 
Whatever  objections  may,  therefore,  be  made  to  the 
institution,  on  account  of  its  secrecy,  and  however 
much  some  unskillful  brethren  have  been  willing  in 
times  of  trial,  for  the  sake  of  expediency,  to  divest 
it  of  its  secret  character,  it  will  be  ever  impossible 
to  do  so,  even  were  the  Landmark  not  standing  be- 
fore us  as  an  insurmountable  obstacle  •  because  sucli 
change  of  its  character  would  be  social  suicide,  and 
the  death  of  the  Order  would  follow  its  legalized 
exposure.  Freemasonry,  as  a  secret  association,  has 
lived  unchanged  for  centuries  —  as  an  open  society 
it  would  not  last  for  as  many  years. 


THE  FOUNDATION  OF  A  SPECULATIVE  SCIENCE  UPON 
AN  OPERATIVE  ART,  and  the  symbolic  use  and  ex- 
planation of  the  terms  of  that  art,  for  purposes  of 
religious  or  moral  teaching,  constitute  another 
Landmark  of  the  Order.f  The  Temple  of  Solomon 


*  "  Finally,  keep  sacred  and  inviolable  the  mysteries  of  the  Order,  as  these 
are  to  distinguish  you  from  the  rest  of  the  community,  and  mark  your  conse 
quence  among  Masons/'—  Charges  to  an  Ent.  Apprentice. 

t  "  We  work  in  speculative  Masonry,  but  our  ancient  brethren  worked  in 
both  operative  and  speculative  —Ritual  of  F.  G.  degree. 


38  THE   LANDMARKS,    OR 

was  the  cradle  of  the  institution,*  and,  therefore, 
the  reference  to  the  operative  Masonry,  which  con- 
structed that  magnificent  edifice,  to  the  materials 
and  implements  which  were  employed  in  its  con- 
struction, and  to  the  artists  who  were  engaged  in 
the  building,  are  all  component  and  essential  parts 
of  the  body  of  Freemasonry,  which  could  not  be 
subtracted  from  it  without  an  entire  destruction  of 
the  whole  identity  of  the  Order.  Hence,  all  the 
comparatively  modern  rites  of  Masonry,  however 
they  may  differ  in  other  respects,  religiously  pre- 
serve this  temple  history  and  these  operative  ele- 
ments, as  the  substratum  of  all  their  modifications 
of  the  Masonic  system. 


ELantrnmrfc 

The  last  and  crowning  Landmark  of  all  is,  that 
THESE  LANDMARKS  CAN  NEVER  BE  CHANGED.  t  No- 
thing can  be  subtracted  from  them  —  nothing  can  be 
added  to  them  —  not  the  ^slightest  modification  can 
be  made  in  them.  As  they  were  received  from  our 

*  "  As  this  temple  (Solomon's)  received  the  second  race  of  servants  of 
the  true  God,  and  as  the  true  craftsmen  were  here  proved  in  their  work, 
we  will  crave  your  attention  to  the  circumstances  which  are  to  be  gathered 
from  holy  writ,  and  from  historians,  touching  this  structure,  as  aa  illustra- 
tion of  those  secrets  in  Masonry,  which  may  appear  to  such  of  oui  brethren 
as  are  not  learned  in  antiquity,  dark  or  insignificant,  unless  they  are  proved 
from  thence."  —  HDTCHINSON,  Spirit  of  Masonry,  p.  83. 

t  Our  "  first  most  excellent  Grand  Master"  has  declared  with  a  signifi- 
cance which  Masons  will  understand  —  "  Remove  not  the  ancient  Landmarks 
which  thy  fathers  have  set."  Dr.  OLIVER  remarks  —  "  It  is  quite  clear,  how- 
ever, that  the  order  against  removing  or  altering  the  Landmarks  was  univer 
qally  observed  in  all  ages  of  the  craft."  —  Diet,  of  8ym.  Mas. 


THE   UNWRITTEN   LAW.  39 

predecessors,  we  are  bound  by  the  most  solemn  obli- 
gations of  duty  to  transmit  them  to  our  successors. 
Not  one  jot  or  one  tittle  of  these  unwritten  laws  can 
be  repealed  ;  for  in  respect  to  them,  we  are  not  only 
willing,  but  compelled  to  adopt  the  language  of  the 
slurdy  old  barons  of  England — "  Nolumus  leges 
rnutari." 


CHAPTER  1L 
Sfjc   Britten   ante. 

NEXT  to  the  Unwritten  Laws,  or  Landmarks  of 
Masonry,  conies  its  Written  or  statutory  Laws. 
These  are  the  "  regulations/7  as  they  are  usually 
called,  which  have  been  enacted  from  time  to  time 
by  General  Assemblies,  Grand  Lodges,  or  other  su- 
preme authorities  of  the  Order.  They  are  in  their 
character  either  general  or  local. 

The  General  Regulations  are  those  that  have  been 
enacted  by  such  bodies  as  had  at  the  time  universal 
jurisdiction  over  the  craft.  By  the  concurring  con- 
sent of  all  Masonic  jurists,  it  is  agreed,  that  the 
regulations  adopted  previous  to  the  year  1721,  shall 
be  considered  as  general  in  their  nature  ;  because 
all  the  Masonic  authorities  established  since  that 
period,  have  derived  their  existence,  either  directly 
)r  indirectly,  from  the  Grand  Lodge  of  England, 
which  was  organized  in  1717,  and  hence  the  regula- 
tions adopted  by  that  body,  at  the  period  of  its 
organization,  and  immediately  afterwards,  or  by  its 
predecessors,  the  annual  General  Assemblies  of  the 
craft,  were  of  universal  authority  at  the  time  of 


THE   WRITTEN   LAW.  •     41 

their  adoption.  But  soon  after  1721,  other  Grand 
Lodges  were  established  with  equal  powers  to  make 
regulations  for  their  own  jurisdictions,  and  hence 
the  subsequent  enactments  of  the  Grand  Lodge  of 
England  ceased  to  be  of  force  in  those  new  and  in- 
dependent jurisdictions,  and  they  therefore  lost 
their  character  of  universality. 

The  Local  Regulations  are  all  those  laws  which 
have  been  since  enacted  by  the  Grand  Lodge  of 
England,  and  the  Grand  Lodges  of  other  countries, 
and  which  are,  of  course,  of  authority  only  in  the 
jurisdictions  over  which  these  Grand  Lodges  exer- 
cise control.  In  a  general  treatise  on  the  laws  of 
Masonry,  these  local  regulations  can  of  course  find 
no  place,  except  when  referred  to  in  illustration  of 
any  point  of  Masonic  law. 

The  code  of  General  Regulations,  or  the  universal 
Written  Law  of  Masonry,  is  therefore  contained  in  a 
comparatively  small  compass,  and  yet  this  code, 
with  the  Landmarks  already  recapitulated  in  the 
preceding  chapter,  constitute  the  foundation  on 
which  the  whole  superstructure  of  Masonic  law  is 
erected.  From  these  Landmarks  and  general  regu- 
lations, and  from  the  dictates  of  reason  and  the 
suggestions  of  analogy  and  common  sense,  we  are 
to  deduce  all  those  fundamental  principles  which 
make  the  science  of  Masonic  law. 

It  is  necessary,  therefore,  that  all  those  documents 
which  contain  the  universal  written  laws  of  Masonry 
should  be  enumerated,  as  an  appropriate  introduc- 
tion to  an  accurate  inquiry  into  the  science  whose 


42   •  THE  WRITTEN   LAW. 

principles  constitute  the  subject  matter  of  the  pres- 
ent article. 

The  following  documents,  and  these  only,  have 
been  admitted  to  contain  the  General  Regulations 
and  fundamental  Constitutions  of  the  Order,  and 
are  competent  authority  for  reference  in  all  obscure 
or  disputed  points  of  Masonic  law  : 

I. — THE   OLD   YORK   CONSTITUTIONS   OF    926. 

The  "  Old  York  Constitutions"  were  so  called 
from  the  city  of  York,  where  they  were  enacted, 
and  sometimes  the  "  Gothic  Constitutions,"  from  the 
fact  that  they  were  written  in  the  old  Gothic 
character.  Of  these  constitutions,  which  are  the 
oldest  now  extant,  the  history  is  given  in  a  record 
written  in  the  reign  of  Edward  IV.,  the  substance 
of  which  is  copied  by  Anderson.  According  to  this 
record,  we  learn  that  Prince  Edwin,  having  been 
taught  Masonry,  obtained  from  his  brother,  King 
Athelstan,  a  free  charter,  "  for  the  Masons  having  a 
correction  among  themselves  (as  it  was  anciently 
expressed,)  or  a  freedom  and  power  to  regulate 
themselves,  to  amend  what  might  happen  amiss, 
and  to  hold  a  yearly  communication  and  general 
assembly. 

"  Accordingly,  Prince  Edwin  summoned  all  the 
Masons  in  the  realm  to  meet  him  in  a  congregation 
at  York,  who  came  and  composed  a  General  Lodge, 
of  which  he  was  Grand  Master  ;  and  having  brought 
with  them  all  the  writings  and  records  extant,  some 


THE  WRITTEN   LAW.  •    43 

in  Greek,  some  in  Latin,  some  in  French  and  other 
languages,  fr6m  the  contents  thereof  that  assembly 
did  frame  the  Constitution  and  Charges  of  an  Eng- 
lish Lodge,  made  a  law  to  preserve  and  observe  the 
same  in  all  time  coming,  and  ordained  good  pay  for 
the  working  Masons,';  &c.* 

The  Constitutions  thus  framed  at  the  city  of 
York,  in  the  year  926,  were  seen,  approved  and  con- 
firmed, as  we  are  informed  by  Anderson,f  in  the 
reign  of  Henry  VI. ,  and  were  then  recognized  as 
the  fundamental  law  of  Masonry.  The  document 
containing  them  was  lost  for  a  long  time,  although, 
according  to  Oliver,  copies  are  known  to  have  been 
taken  during  the  reign  of  Richard  II.  ;  at  the  re- 
vival of  Masonry,  however,  in  1717,  not  a  transcript 
was  to  be  found.  J  A  copy  was,  however,  discovered 
in  1838,  by  Mr.  James  Orchard  Halliwell.  in  the 
British  Museum,  and  published.  Dr.  Oliver  has 
very  clearly  proved,  in  an  article  in  the  American 
Quarterly  Review  of  Freemasonry ,§  that  this  ancient 
MS.,  published  by  Mr.  Halliwell,  is  the  original 
Constitutions,  as  adopted  in  926  by  the  General 
Assembly  which  met  at  York.  These  Constitutions 
contain  fifteen  articles  and  fifteen  points  of  Masonic 

*  ANDERSON'S  Constitutions,  1st  edit.,  p.  32. 

t  ANDERSON,  2d  edit.,  p.  111. 

i  "  It  eluded  the  search  of  those  indefatigable  brothers,  Desaguliers  and 
Anderson,  at  the  revival  of  Masonry  in  the  year  of  grace  1717,  although 
they  used  all  the  means  at  their  command,  both  in  ^-his  country  and  else- 
where for  its  discovery." — OLIVER,  on  the  Old  York  Constitutions,  Avier 
Quar.  Jvt-u.  ofF>ieem.,  vol.  L,  p.  549. 

§  Amer.  Quar.  Itev.  ofFreem.,  vol.  i,,  p.  546. 


44  THE   WRITTEN   LAW. 

law,  which  are  here  given,  not  in  the  antiquated 
language  in  which  they  were  written,'  and  in  which 
they  are  published  in  Halliwell'sbook — a  language 
which  would  be  almost  wholly  unintelligible  to  the 
great  mass  of  readers — but  as  they  have  been  very 
correctly  translated  and  condensed  by  Dr.  Oliver, 
in  the  volume  already  referred  to.  Besides  their 
importance,  they  will  be  read  with  interest  as  the 
oldest  Masonic  Constitutions  extant. 

The  Fifteen  Articles. 

1.  The  Master  must  be  steadfast,  trusty  and  true  ;  provide 
victuals  for  his  men,  and  pay  their  wages  punctually.* 

2.  Every  Master  shall  attend  the  Grand  Lodge  when  duly 
summoned,  unless  be  have  a  good  and  reasonable  excuse. 

3.  No  Master  shall  take  an  Apprentice  for  less  than  seven 
years.f 

4.  The  son  of  a  bondman  shall  not  be  admitted  as  an  Ap- 
prentice, lest,  when  he  is  introduced  into  the  Lodge,  any  of 
the  brethren  should  be  offended. 

5.  A  candidate  must  be  without  blemish,  and  have  the  full 
and  proper  use  of  his  limbs  ;  for  a  maimed  man  can  do  the 
craft  no  good.J 

6.  The  Master  shall  take  especial  care,  in  the  admission  of 
an  Apprentice,  that  he  do  his  lord  no  prejudice. 

*  This  reference  to  the  wages  of  operative  Masonry  is  still  preserved  in 
the  formula  of  the  Senior  Warden's  response  in  opening  and  closing  a 
Lodge  ;  but  the  wages  of  a  sp(  culative  Mason  consist  in  a  knowledge  of 
truth. 

t  Speculatively,  no  candidate  shall  pass  to  a  higher  degree,  until  be  baa 
served  a  "  sufficient  time"  and  made  "  due  proBciency"  iu  the  preceding 
degree. 

|  This  is  repeated  in  all  subsequent  regulations,  and  is  still  in  foree 
notwithstanding  some  recent  attempts  to  reduce  its  rigor. 


THE  WRITTEN   LAW.  45 

7.  He  shall  harbor  no  thief  or  thief  s  retainer,  lest  the  craft 
should  come  to  shame. 

8.  If  he  unknowingly  employ  an  imperfect  man,  he  shall 
discharge   him   from   the  work  when   his   inability  is   dis- 
covered * 

9.  No  Master  shall  undertake  a  wo»k  that  he  is  not  able 
to  finish  to  his  lord's  profit  and  the  credit  of  his  Lodge. 

10.  A  brother  shall  not  supplant  his  fellow  in  the  work7| 
unless  he  be  incapable  of  doing  it  himself;  for  then  he  may 
lawfully  finish  it,  that  pleasure  and  profit  may  be  the  mutual 
result. 

11.  A  Mason  shall  not  be  obliged  to  work  after  the  sun 
has  set  in  the  west. 

12.  Nor  shall  he  decry  the  work  of  a  brother  or  fellow, 
but  shall  deal  honestly  and  truly  by  him,  under  a  penalty  of 
not  less  than  ten  pounds. 

13.  The  Master  shall  instruct  his  Apprentice  faithfully,  and 
make  him  a  perfect  workman. 

14.  He  shall  teach  him  all  the  secrets  of  his  trade. 

15.  And  shall  guard  him  against  the  commission  of  per 
jury,  and  all  other   offences   by  which   the   craft  may  be 
brought  to  shame. 

The  Fifteen  Points. 

1.  Every  Mason   shall  cultivate  brotherly  love   and  the 
love  of  God,  and  frequent  holy  church. 

2.  The  workman  shall  labor  diligently  on  work  days,  that 
he  may  deserve  his  holidays. 

*  This  is  the  foundation  of  that  principle  of  law  by  which  <\  candidate 
ma/  be  stopped  in  any  part  of  his  progress — as.  for  instance,  that  an 
tnUned  Apprentice,  being  objected  to,  may  be  refused  by  the  Lodge 
advancement  to  the  Fellow  Craft's  degree. 

t  That  is,  no  Lodge  shall  interfere  with  the  work  of  another  L^dge.  These 
afford  illustrations  of  how  the  operative  allusions  in  all  the  old  Constitutions 
are  to  be  interpreted  in  a  speculative  sense. 


46  THE   WRITTEN   LAW. 

3.  Every  Apprentice  shall  keep  his  Master's  counsel,  and 
not  betray  the  secrets  of  his  Lodge. 

4.  No  man  shall  be  false  to  the  craft,  or  entertain  a  preju- 
dice against  his  Master  or  Fellows. 

5.  Every  workman  shall  receive  his  wages  meekly,  and 
without  scruple  ;  and  should  the  Master  think  proper  to  dis 
iniss  him  from  the  work,  he  shall  have  due  notice  of  the  same 
before  H.  xii. 

6.  If  any  dispute  arise  among  the  brethren,  it  shall  be 
settled  on  a  holiday,  that  the  work  be  not  neglected,  and 
God's  law  fulfilled. 

7.  No  Mason  shall  debauch,  or  have  carnal  knowledge  of 
the  wife,  daughter,  or  concubine  of  his  Master  or  Fellows. 

8.  He  shall  be  true  to  his  Master,  and  a  just  mediator  in 
all  disputes  or  quarrels. 

9.  The  Steward  shall  provide  good  cheer  against  the  hour 
of  refreshment,  and  each  Fellow  shall  punctually  defray  his 
share  of  the  reckoning,  the  Steward  rendering  a  true  and 
correct  account. 

10.  If  a  Mason  live  amiss,  or  slander  his  Brother,  so  as  to 
bring  the  craft  to  shame,  he  shall  -have  no  further  mainten- 
ance among  the  brethren,  but  shall  be  summoned  to  the  next 
Grand  Lodge ;    and  if  he  refuse  to  appear,  he   shall  be 
expelled. 

11.  If  a  Brother  see  his  Fellow  hewing  a  stone,  and  likely 
to  spoil  it  by  unskillful  workmanship,  he  shall  teach  him  to 
amend  it,  with  fair  words  and  brotherly  speeches. 

12.  The  General  Assembly,  or  Grand  Lodge,  shall  consist 
of  Masters  and  Fellows,  Lords,  Knights  and  Squires,  Mayor 
and  Sheriff,  to  make  new  laws,  and  to  confirm  old  ones  when 
necessary. 

13.  Every  Brother  shall  swear  fealty,  and  if  he  violate  his 
oath,  he  shall  not  be  succored  or  assisted  by  any  of  the 
Fraternity. 

14.  He  shall  make  oath  to  keep  secrets,  to  be  steadfast 
and  true  to  all  the  ordinances  of  the  Grand  Lodge,  to  the 


THE   WRITTEN   LAW.  47 

King  and  Holy  Church,  and  to  all  the  several  Points  herein 
specified. 

1  15.  And  if  any  Brother  break  his  oath,  he  shall  be  com- 
mitted to  prison,  and  forfeit  his  goods  and  chattels  to  the 
King. 

They  conclude  with  an  additional  ordinance — alia 
ordinacio — which  declares 

That  a  General  Assembly  shall  be  held  every  year,  with 
the  Grand  Master  at  its  head,  to  enforce  these  regulations, 
and  to  make  new  laws,  when  it  may  be  expedient  to  do  so,  at 
which  all  the  brethren  are  competent  to  be  present ;  and 
they  must  renew  their  0.  B.  to  keep  these  statutes  and  con- 
stitutions, which  have  been  ordained  by  King  Athelstan,  and 
adopted  by  the  Grand  Lodge  at  York.  And  this  Assembly 
further  directs  that,  in  all  ages  to  come,  the  existing  Grand 
Lodge  shall  petition  the  reigning  monarch  to  confer  his 
sanction  on  their  proceedings. 

II. — THE    CONSTITUTIONS   OF   EDWARD   III. 

Anderson  informs  us,*  on  the  authority  of  an  old 
record,  that  in  the  reign  of  King  Edward  III., 
(that  is,  between  the  years  1327  and  1377),  the 
Grand  Master,  with  his  Wardens,  at  the  head  of 
the  Grand  Lodge,  with  the  consent  of  the  lords  of 
the  realm,  who  were  generally  Freemasons,  ordained 
the  following  Constitutions  : 

1.  That  for  the  future,  at  the  making  or  admission  of  q 
Brother,  the  constitutions  and  the  charges  shall  be  read. 

2.  That  Master  Masons,  or  Masters  of  the  work,  shall  be 

*  CfrnsMuficms,  2d  edit.,  p.  7J. 


48  THE   WRITTEN   LAW. 

examined  whether  they  be  able  of  cunning  to  serve  their 
respective  lords,  as  well  the  highest  as  the  lowest,  to  the 
honor  and  worship  of  the  aforesaid  art,  and  to  the  profit  of 
their  lords  ;  for  they  be  their  lords  that  employ  them  for 
their  travel. 

3.  That  when  the  Master  and  Wardens  meet  in  a  Lodge, 
if  need  be,  the  Sheriff  of  the  county,  or  the  Mayor  of  the 
city,  or  Alderman  of  the  town,  in  which  the  congregation  is 
held,  should  be  made  fellow  and  sociate  to  the  Master,  in 
help  of  him  against  rebels,  and  for  upbearing  the  rights  of 
the  realm. 

4.  That  Entered  Prentices  at  their  making  were  charged 
not  to  be  thieves,  or  thieves-maintainers  ;  that  they  should 
travel  honestly  for  their  pay,  and  love  their  Fellows  as  them- 
selves, and  be  true  to  the  King  of  England,  and  to  the  realm, 
and  to  the  Lodge. 

5.  That  at  such  congregations  it  shall  be  enquired,  whether 
any  Master  or  Fellow  has  broke  any  of  the  articles  agreed 
to.     And  if  the  offender,  being  duly  cited  to  appear,  prove 
rebel,  and  will  not  attend,  then  the  Lodge  shall  determine 
against  him  that  he  shall  forswear  (or  renounce)  his  Masonry, 
and  shall  no  more  use  this  craft;  the  which,  if  he  presume 
for  to  do,  the  Sheriff  of  the  county  shall  prison  him,  and  take 
all  his  goods  into  the  king's  hands,  till  his  grace  be  granted 
him  an  issue  :  for  this  cause  principally  have  these  congre- 
gations been  ordained,  that  as  well  the  lowest  as  the  highest 
should  be  well  and  truly  served  in  this  art  foresaid  through- 
out all  the  kingdom  of  Englan.1. 

III. — REGULATIONS   OF    16C3. 

in  the  reign  of  Charles  I.,  Henry  Jermyn,  Earl 
of  St.  Albans,  being  chosen  Grand  Master,  he  held 
a  General  Assembly  and  Feast  on  St.  John  the 
Evangelist's  day,  1663,  when  the  following  regula- 
tions were  adopted  : 


THE   WRITTEN   LAW.  49 

1.  That  no  person,  of  what  degree  soever,  be  made  or 
accepted  a  Freemason,  unless  in  a  regular  Lodge,  whereof 
one  to  be  a  Master  or  a  Warden  in  that  limit  or  division 
where  such  Lodge  is  kept,  and  another  to  be  a  craftsman  in 
the  trade  of  Freemasonry. 

2.  That  no  person  shah1  hereafter  be  accepted  a  Freemason 
but  such  as  are  of  able  body,  honest  parentage,  good  repu- 
tation, and  an  observer  of  the  laws  of  the  land. 

3.  That  no  person  hereafter  who  shall  be  accepted  a  Free- 
mason, shall  be  admitted  into  any  Lodge  or  assembly,  until 
lie  has  brought  a  certificate  of  the  time  and  place  of  his  ac- 
ceptation from  the  Lodge  that  accepted  him,  unto  the  Master 
of  that  limit  or  division  where  such  Lodge  is  kept ;  and  the 
said  Master  shall  enroll  the  same  in  a  roll  of  parchment,  to 
be  kept  for  that  purpose,  and  shall  give  an  account  of  all  such 
acceptations  at  every  General  Assembly. 

4.  That  every  person  who  is  now  a  Freemason,  shall  bring 
to  the  Master  a  note  of  the  time  of  his  acceptation,  to  the  end 
the  same  may  be  enrolled  in  such  priority  of  place  as  the 
Brother  deserves  ;  and  that  the  whole  company  and  Fellows 
may  the  better  know  each  other. 

5.  That  for  the  future  the  said  fraternity  of  Freemasons 
shall  be  regulated  and  governed  by  one  Grand  Master,  and 
as  many  Wardens  as  the  said  society  shall  think  fit  to  ap- 
point at  every  annual  General  Assembly. 

6.  That  no  person  shah1  be  accepted,  unless  he  be  twenty- 
one  years  old  or  more. 

IV. — THE   ANCIENT  INSTALLATION   CHARGES. 

These  Charges  appear  from  their  style  to  be  very 
old,  although  their  date  is  uncertain.  They  were 
contained  in  a  MS.  written  in  the  reign  of  James 
II.,  which  extended  from  1685  to  1688,  which  MS., 
according  to  Preston,  was  in  possession  of  the  Lodge 
of  Antiquity  in  London.  They  are  said  to  have 

3 


50  THE   WRITTEN   LAW. 

been  used  at  the  installation  of  the  Master  of  a 
Lodge.  Probably  they  are  older  than  the  year 
1686;  but  that  date  is  often  used  as  a  means  of 
reference.  The  Charges  are  as  follows  : 

1.  That  ye  shall  be  true  men  to  God  and  the  holy  church, 
and  to  use  no  error  or  heresy  by  your  understanding,  and  by 
wise  men's  teaching. 

2.  That  ye  shall  be  .true  liegemen  to  the  King  of  England, 
without  treason  or  any  falsehood,  and  that  ye  know  no  treason 
but  ye  shall  give  knowledge  thereof  to  the  king,  or  to  his 
counsel ;  also,  ye  shall  be  true  one  to  another,  that  is  to  say, 
every  Mason  of  the  craft  that  is  Mason  allowed,  ye  shall  do 
to  him  as  ye  would  be  done  unto  yourself. 

3.  And  ye  shall  keep  truly  all  the  counsel  that  ought  to  be 
kept  in  the  way  of  Masonhood,  and  all  the  counsel  of  the 
Lodge  or  of  the  chamber.     Also,  that  ye  shall  be  no  thief  nor 
thieves  to  your  knowledge  free  ;  that  ye  shall  be  true  to  the 
king,  lord  or  master  that  ye  serve,  and  truly  to  see  and  work 
for  his  advantage. 

4.  Ye  shall  call  all  Masons  your  Fellows,  or  your  brethren, 
and  no  other  names. 

5.  Ye  shall  not  take  your  Fellow's  wife  in  villainy,  nor  de- 
flower his  daughter  or.  servant,  nor  put  him  to  disworship. 

6.  Ye  shall  truly  pay  for  your  meat  or  drink,  wheresoever 
ye  go  to  table  or  board.    Also,  ye  shall  do  no  villainy  there, 
whereby  the  craft  or  science  may  be  slandered. 

V.— THE  ANCIENT   CHARGES   AT   MAKINGS. 

The  MS.  in  the  archives  of  the  Lodge  of  Antiquity 
from  which  I  have  quoted  the  preceding  charges, 
adds  to  them  fifteen  more,  which  are  said  to  be 
''  Charges  single  for  Masons  allowed  or  accepted," 
*hat  is  to  say,  as  is  added  at  the  end,  "  Charges  and 


THE  WRITTEN  LAW.  51 

covenants  to  be  read at  the  mak- 
ing of  a  -fc'reemason  or  Freemasons."  They  are  aa 
follows : 

1.  That  no  Mason  take  on  him  no  lord's  work,  nor  any 
other  man's,  unless  he  know  himself  well  able  to  perform  the 
work,  so  that  the  craft  have  no  slander. 

2.  Also,  that  no  Master  take  work  but  that  he  take  reason- 
able pay  for  it ;  so  that  the  lord  may  be  truly  served,  and  the 
Master  to  live  honestly,  and  to  pay  his  Fellows  truly.    And 
that  no  Master  or  Fellow  supplant  others  of  their  work ;  that 
is  to  say,  that  if  he  hath  taken  a  work,  or  else  stand  Master 
of  any  work,  that  he  shall  not  put  him  out,  unless  he  be  un- 
able of  cunning  to  make  an  end  of  his  work.    And  no  Master 
nor  Fellow  shall  take  no  Apprentice  for  less  than  seven  years. 
And  that  the  Apprentice  be  free  born,  and  of  limbs  whole  as 
a  man  ought  to  be,  and  no  bastard.     And  that  no  Master  nor 
Fellow  take  no  allowance  to  be  made  Mason  without  the  as- 
sent of  his  Fellows,  at  the  least  six  or  seven. 

3.  That  he  that  be  made  be  able  in  all  degrees ;  that  is, 
free  born,  of  a  good  kindred,  true,  and  no  bondsman,  and 
that  he  have  his  right  limbs  as  a  man  ought  to  have. 

4.  That  a  Master  take  no  Apprentice  without  he  have  occu- 
pation to  occupy  two  or  thi^e  Fellows  at  the  least. 

5.  That  no  Master  or  Fellow  put  away  any  lord's  work  to 
task  that  ought  to  be  journeywork. 

6.  That  every  Master  give  pay  to  his  Fellows  and  servants 
as  they  may  deserve,  so  that  he  be  not  defamed  with  false 
working.    And  that  none  slander  another  behind  his  back  to 
make  him  lose  his  good  name. 

7.  That  no  Fellow  in  the  house  or  abroad,  answer  another 
ungodly  or  reproveably  without  a  cause. 

8.  That  every  Master  Mason  do  reverence  to  his  elder; 
and  that  a  Mason  be  no  common  player  at  the  cards,  dice  or 
hazard;  or  at  any  other  unlawful  plays,  through  the  whi^L 
the  science  <\nd  craft  may  be  dishonored  and  slandered 


62  THE   WRITTEN  LAW. 

9.  That  no  Fellow  go  into  the  town  by  night,  except  he 
have  a  Fellow  with  him,  who  may  bear  him  record  that  ho 
was  in  an  honest  place. 

10.  That  every  Master  and  Fellow  shall  come  to  the  assem- 
bly, if  it  be  within  fifty  miles  of  him,  if  he  have  any  warning. 
And  if  he  have  trespassed  against  the  craft,  to  abide  the  re- 
ward of  Masters  and  Fellows. 

11.  That  every  Master  Mason  and  Fellow  that  hath  tres- 
passed against  the  craft,  shall  stand  to  the  correction  of  other 
Masters  and  Fellows  to  make  him  accord ;  and  if  they  cannot 
accord,  to  go  to  the  common  law. 

12.  That  a   Master  or  Fellow  make  not  a  mould  stone, 
square  nor  rule,  to  no  lowen,  nor  let  no  loweri  work  work 
within  their  Lodge  nor  Avithout,  to  mould  stone. 

13.  That  every  Mason  receive  and  cherish  strange  Fellows, 
when  they  come  over  the  country,  and  set  them  on  work,  if 
they  will  work,  as  the  manner  is ;  that  is  to  say,  if  the  Mason 
have  any  mould  stone  in  his  place,  he  shall  give  him  a  mould 
stone,  and  set  him  on  work ;  and  if  he  have  none,  the  Mason 
shall  refresh  him  with  money  imto  the  next  Lodge. 

14.  That  every  Mason  shall  truly  serve  his  Master  for 
his  pay. 

15.  That  every  Master  shall  truly  make  an  end  of  his  work, 
task  or  journey,  whitherso  it  be.    » 

VI. — THE  REGULATION   OF   1703. 

I  know  not  upon  what  authority  Rebold  places 
the  date  of  this  Regulation  in  1703.  He  cannot, 
however,  be  far  wrong,  as  it  is  certain  that  it  was 
adopted  at  the  beginning  of  the  eighteenth  century, 
and  during  the  latter  part  of  the  Grand  Mastership 
of  Sir  Christopher  Wren.  The  Regulation  is  an 
important  one,  and  had  an  extensive  influence  on 
the  subsequent  character  of  the  institution.  Pres- 


THE  WRITTEN  LAW.  53 

ton*  says  that  it  was  adopted  in  consequence  of  the 
decadence  of  the  Lodges,  and  for  the  purpose  of  in- 
creasing their  members.  It  is  in  these  words  : 

That  the  privileges  of  Masonry  should  no  longer  be  re- 
stricted to  operative  Masons,  but  extend  to  men  of  various 
professions,  provided  they  were  regularly  approved  and  in- 
itiated into  the  Order.f 

VII. — THE  REGULATION   OP   1717. 

Prestonf  informs  us  that,  on  St.  John  the  Baptist's 
day,  1717,  at  the  establishment  of  the  Grand  Lodge 
of  England  by  the  four  Lodges  in  London,  the  fol- 
lowing Regulation  was  adopted  : 

That  the  privilege  of  assembling  as  Masons,  which  had 
been  hitherto  unlimited,  should  be  vested  in  certain  Lodges 
01  assemblies  of  Masons,  convened  in  certain  places ;  and 
that  every  Lodge  to  be  hereafter  convened,  except  the  four 
old  Lodges  at  this  time  existing,  should  be  legally  authorized 
to  act  by  a  warrant  from  the  Grand  Master  for  the  time  being, 
granted  to  certain  individuals  by  petition,  with  the  consent 


*  Illustrations  of  Masonry,  p.  180. 

•f  There  is  something  in  the  phraseology  of  this  regulation  whic>  makes  it 
irreconcilable  with  the  facts  of  history.  It  is  well  known  that,  ti  ^m  the 
earliest  periods,  a  speculative  and  an  operative  element  were  ccmbin«.  1  in 
the  institution,  and  that  many  distinguished  princes,  noblemen,  prelates  and 
scholars,  who  were  not  operative  Masons,  held  high  rank  and  position  in  the 
Fraternity.  The  most  of  the  craftsmen  were,  however,  undoubtedly,  opera- 
tive or  stone  masons.  The  object  of  this  regulation,  perhaps,  really  was,  to 
give  an  entirely  speculative  character  to  the  institution,  and  completely  to 
divest  it  of  its  operative  element.  Although  not  precisely  so  worded,  this 
seems  to  have  been  the  universal  interpretation,  and  such  has  actually  teen 
the  result. 

t  Illustrations,  p.  182. 


54  THE  WRITTEN   LAW. 

and  approbation  of  the  Grand  Lodge  in  communication  ;  ami 
that  without  such  warrant,  no  Lodge  should  be  hereafter 
deemed  regular  or  constitutional.* 

Till. — THE  REGULATION  OF  1720. 

At  a  quarterly  communication  of  the  Grand 
Lodge  of  England,  held  on  the  24th  of  June,  1720, 
the  following  new  Regulation  was  adopted  : 

In  future,  the  new  Grand  Master  shall  be  named  and  pro- 
posed to  the  Grand  Lodge  some  time  before  the  feast;  and, 
if  approved  and  present,  he  shall  be  saluted  as  Grand  Mas- 
ter elect ;  and  every  Grand  Master,  when  he  is  installed, 
shall  have  the  sole  power  of  appointing  his  Deputy  and 
Wardens,  according  to  ancient  custom.f  * 

IX. — THE   CHARGES  APPROVED   IN  1722. 

The  Charges  now  to  be  inserted  were  presented  to 
the  Grand  Lodge  by  Dr.  Anderson  and  Dr.  Desagu- 
liers,  in  1721,  and  being  approved  by  the  Grand 
Lodge  on  the  25th  of  March,  1722,  were  subse- 
quently published  in  the  first  edition  of  the  Book 
of  Constitutions,  with  the  following  title  : 

"  The  Charges  of  a  Freemason,  extracted  from  the  Ancient 
Recordp  of  Lodges  beyond  sea,  and  of  those  in  England,  Scot- 

*  .'RES-TON  says  that  a  sufficient  number  of  Masons  could,  up  to  the  time 
of  the  adoption  of  this  regulation,  meet  together,  open  a  Lodge,  and  make 
Masons,  with  the  consent  of  the  sheriff  or  chief  magistrate  of  the  place. 
The  regulation  here  quoted,  which  abolished  this  usage,  is  the  one  under 
which  the  present  system  of  permanent  chartered  Lodges  is  maintained. 

f  This  regulation  has  been  very  generally  repealed  by  the  Grand  Lodges 
of  the  United  States.  In  England,  and  in  North  Carolina  and  a  very  few 
other  Grand  Lodges  in  this  country,  it  is  still  in  force.  Bnt  in  the  greater 
number  of  States,  the  .>ffice  of  Deputy,  like  that  of  Grand  Master,  is 
elective. 


THE    vTRITTEtf   LAW.  55 

land  and  Ireland,  for  the  use  of  the  Lodges  in  London :  to  be 
read  at  the  making  of  new  Brethren,  or  when  the  Master 
shall  order  it." 

These  Charges  have  always  been  held  in  the  high- 
est veneration  by  the  Fraternity,  as  embodying  the 
most  important  points  of  the  ancient  Written  as 
well  as  Unwritten  Law  of  Masonry. 

I.   CONCERNING   GOD   AND   RELIGION. 

A  Mason  is  obliged,  by  his  tenure,  to  obey  the  moral  law  ;f 
and  if  he  rightly  understands  the  art,  he  will  never  be  a 
stupid  atheist,  nor  an  irreligious  libertine.  But  though  in 
ancient  times  Masons  were  charged  in  every  country  to  be 
of  the  religion  of  that  country  or  nation,  whatever  it  was, 
yet  'tis  now  thought  more  expedient  only  to  oblige  them  to 

*  LAURENCE  DEKMOTT,  the  Deputy  Grand  Master  of  the  Grand  Lodge  of 
Ancient  Masons,  or  Athol  Grand  Lodge,  as  it  has  been  of  late  very  usually 
called,  published  a  very  distorted  copy  of  these  Charges  in  the  Ahiman 
Rezon,or  Book  of  Constitutions,  which  he  compiled  for  the  use  of  the  illegal 
Grand  Lodge  with  which  he  was  connected.  This  incorrect  version  of  Der- 
mott  was  subsequently  copied  by  Smith,  in  his  Ahiman  Rezon  of  Pennsyl- 
vania ;  by  Dalcho,  in  that  of  South  Carolina  ;  by  Cole,  in  his  Freemason's 
Library,  and  by  several  other  American  writei-s;  and  many  of  the  wordy,  bat 
unnecessary,  controversies  on  subjects  of  Masonic  law,  which  a  few  years  age 
were  becoming  the  reproach  of  American  Masonry,  (although  by  the  investi- 
gations which  they  have  promoted,  they  have  been  of  ultimate  benefit,)  arose 
from  the  fact  that  Dermott's  copy  of  the  Charges  was  repeatedly  copied  as 
good  law,  which,  of  course,  it  was  not ;  because  the  Grand  Lodge  to  which  he 
was  attached  was  irregular,  and  because  his  edition  of  the  Charges  was 
altered  from  the  original.  It  is  a  subject  of  curious  speculation,  whether 
Dermott  did  not  derive  his  Charges  from  those  published  by  Anderson  in 
1738.  The  alterations  made  by  Anderson  in  that  year  were  never  re- 
peated in  subsequent  editions. 

t  DERMOTT  adds, "  as  a  true  Noachida,"  and  he  subsequently  interpolates 
that  Masons  "  all  agree  in  the  three  great  articles  of  Noah,"  which  is  incorrect, 
since  the  PRECEPTS  OF  NOAH  were  seven. 


56  THE  WRITTEN   LAW. 

that  religion  in  which  all  men  agree,  leaving  their  particulai 
opinions  to  themselves  ;  that  is,  to  be  good  men  and  true,  or 
men  of  honour  and  honesty,  by  whatever  denominations  01 
persuasions  they  may  be  distinguished  :  whereby  Masonry 
becomes  the  centre  of  union,  and  the  means  of  conciliating 
true  friendship  among  persons  that  must  have  remained  at  a 
perpetual  distance. 

II.  OF  THE  CIVIL  MAGISTRATE,  SUPREME  AND  SUBORDINATE. 

A  Mason  is  a  peaceable  subject  to  the  civil  powers,  wher- 
ever he  resides  or  works,  and  is  never  to  be  concerned  in 
plots  and  conspiracies  against  the  peace  and  welfare  of  the 
nation,  nor  to  behave  himself  undutifully  to  inferior  magis- 
trates ;  for  as  Masonry  hath  been  always  injured  by  war, 
bloodshed  and  confusion,  so  ancient  kings  and  princes  have 
been  much  disposed  to  encourage  the  craftsmen,  because  of 
their  peaceableness  and  loyalty,  whereby  they  practically 
answered  the  cavils  of  their  adversaries,  and  promoted  the 
honor  of  the  Fraternity,  who  ever  flourished  in  times  of 
peace.  So  that  if  a  Brother  should  be  a  rebel  against  the 
state,  he  is  not  to  be  countenanced  in  his  rebellion,  however 
he  may  be  pitied  as  an  unhappy  man ;  and,  if  convicted  of 
no  other  crime,  though  the  loyal  brotherhood  must  and 
ought  to  disown  his  rebellion,  and  give  no  umbrage  or 
ground  of  political  jealousy  to  the  government  for  the  time 
being  ;  they  cannot  expel  him  from  the  Lodge,  and  his  rela- 
tion to  it  remains  indefeasible. 

in.  OF  LODGES. 

A  Lodge  is  a  place  where  Masons  assemble  and  work  , 
hence  that  assembly,  or  duly  organized  society  of  Masons,  is 
called  a  Lodge,  and  every  Brother  ought  to  belong  to  one 
and  to  be  subject  to  its  by-laws  and  the  General  Regulations 
It  is  either  particular  or  general,  and  will  be  best  understood 
b}  attending  it,  arid  by  the  regulations  of  the  General  OT 


THE  WRITTEN  LAW.  57 

Grand  Lodge  hereunto  annexed.  In  ancient  times,  no  Master 
or  Fellow  could  be  absent  from  it,  especially  when  warned 
to  appear  at  it,  without  incurring  a  severe  censure,  until  it 
appeared  to  the  Master  and  Wardens  that  pure  necessity 
hindered  him. 

The  persons  admitted  members  of  a  Lodge  must  be  good 
and  true  men,  free  born,  and  of  mature  and  discreet  age,  no 
bondmen,  no  women,  no  immoral  or  scandalous  men,  but  of 
good  report.* 

IV.    OF    MASTERS,   WARDENS,   FELLOWS   AND    APPRENTICES.f 

All  preferment  among  Masons  is  grounded  upon  real  worth 
and  personal  merit  only;  that  so  the  lords  may  be  well 
served,  the  brethren  not  put  to  shame,  nor  the  royal  craft 
despised  ;  therefore  no  Master  or  Warden  is  chosen  by  seni- 
ority, but  for  his  merit.  It  is  impossible  to  describe  these 
things  in  writing,  and  every  Brother  must  attend  in  his  place, 
and  learn  them  in  a  way  peculiar  to  this  Fraternity :  only 
candidates  may  know  that  no  Master  should  take  an  Appren- 
tice unless  he  has  sufficient  imployment  for  him,  and  unless 
he  be  a  perfect  youth,  having  no  maim  or  defect  in  his  body, 
that  may  render  him  uncapable  of  learning  the  art,  of  serving 
his  Master's  lord,  and  of  being  made  a  Brother,  and  then  a 
Fellow  Craft  in  due  time,  even  after  he  has  served  such  a 
term  of  years  as  the  custom  of  the  country  directs  ;  and  that 
he  should  be  descended  of  honest  parents  ;  that  so,  when 
otherwise  qualified,  he  may  arrive  to  the  honour  of  being  the 

*  DERMOTT  alters  this  clause  respecting  the  qualifications,  &c.,  so  as  to  read 
thus:  "  The  men  made  Masons  must  be  free  born  (or  no  bondmen),  of  ma- 
ture age,  and  of  good  report ;  hale  and  sound,  not  deformed  or  dismembered 
at  the  time  of  their  making  ;  but  no  woman,  no  eunuch." 

t  DERMOTT  makes  very  considerable  and  important  alterations  in  this 
Charge,  as,  for  instance,  he  brings  the  Master  Masons  forward  as  constituting 
the  great  body  of  the  craft ;  whereas,  it  will  be  perceived  that  Entered  Ap- 
prentices and  Fellow  Crafts  are  alone  spoken  of  in  that  capacity  in  the  authen 
tic  Charges.  But  Anderson  made  the  same  change  in  his  edition  of  1738. 

3* 


58  THE  WRITTEN   LAW. 

Warden,  and  then  the  Master  of  the  Lodge,  the  Grand  War- 
den, and  at  length  the  Grand  Master  of  all  the  Lodges,  accord- 
ing to  his  merit. 

No  Brother  can  be  a  Warden  until  he  has  passed  the  part 
of  a  Fellow  Craft  ;*  nor  a  Master,  until  he  has  acted  as  a 
Warden,  nor  Grand  Warden  until  he  has  been  Master  of  a 
Lodge,  nor  Grand  Master,  unless  he  has  been  a  Fellow  Craftf 
before  his  election,  who  is  also  to  be  nobly  born,  or  a  gentle- 
man of  the  best  fashion,  or  some  eminent  scholar,  or  some 
curious  architect  or  other  artist,  descended  of  honest  parents, 
and  who  is  of  singular  great  merit  in  the  opinion  of  the 
Lodges.  And  for  the  bettur  and  easier,  and  more  honourable 
discharge  of  his  office,  the  Grand  Master  has  a  power  to 
chuse  his  own  Deputy  Grand  Master,  who  must  be  then,  or 
must  have  been  formerly,  the  Master  of  a  particular  Lodge, 
and  has  the  privilege  of  acting  whatever  the  Grand  Master, 
his  principal,  should  act,  unless  the  said  principal  be  present, 
or  interpose  his  authority  by  a  letter. 

T]hese  rulers  and  governors,  supreme  and  subordinate,  of 
the  ancient  Lodge,  are  to  be  obeyed  in  their  respective 
stations  by  all  the  brethren,  according  to  the  Old  Charges  and 
Regulations,  with  all  humility,  reverence,  love,  and  alacrity. 

Y.    OF   THE   MANAGEMENT    OF    THE    CRAFT    IN   WORKING. 

All  Masons  shall  work  honestly  on  working  days,  that  they 
may  live  creditably  on  noly  days ;  and  the  time  appointed 

*  DEBMOTT  says :  "  The  Wardens  are  chosen  from  among  the  Master 
Masons." 

t  DEBMOTT  says  that "  none  can  act  as  Grand  Master  who  has  not  acted 
as  the  Master  of  a  particular  Lodge."  This,  it  is  true,  is  the  modern 
usage  ;  but  the  Old  Charges  make  no  such  requisition,  as  it  was  always 
competent  for  the  Grand  Master  to  be  chosen  from  the  body  of  the  craft 
This  is  an  instance  in  which  in  this  country  the  authority  of  Dermott  has 
exercised  an  influence  paramount  to  that  of  the  original  constitutions.  A 
large  number  of  the  Lodges  in  America  derived  their  warrants  from  the 
Athol  Grand  Lodge.  There  is  no  such  provision  in  the  modern  constitution 
of  the  Grand  Lodge  of  England. 


THE  WEITTEN   LAW.  59 

by  the  law  of  the  land,  or  confirmed  by  custom,  shall  b*> 
observed. 

The  most  expert  of  the  Fellow  Craftsmen  shall  be  chosen 
or  appointed  the  Master  or  overseer  of  the  lord's  work:* 
who  is  to  be  called  Master  by  those  that  work  under  him. 
The  craftsmen  are  to  avoid  all  ill  language,  and  to  call  each 
other  by  no  disobliging  name,  but  Brother  or  Fellow ;  and 
ro  behave  themselves  courteously  within  and  without  the 
Lodge. 

The  Master,  knowing  himself  to  be  able  of  cunning,  shall 
undertake  the  lord's  work  as  reasonably  as  possible,  and 
truly  dispend  his  goods  as  if  they  were  his  own ;  nor  to  give 
more  wages  to  any  Brother  or  Apprentice  than  he  really  may 
deserve. 

Both  the  Master  and  the  Mason  receiving  their  wages 
justly,  shall  be  faithful  to  the  lord,  and  honestly  finish  their 
work,  whether  task  or  journey ;  nor  put  the  work  to  task  that 
hath  been  acccustomed  to  journey. 

None  shall  discover  envy  at  the  prosperity  of  a  Brother, 
nor  supplant  him,  or  put  him  out  of  his  work,  if  he  be 
capable  to  finish  the  same  ;  for  no  man  can  finish  another's 
work  so  much  to  the  lord's  profit,  unless  he  be  thoroughly 
acquainted  with  the  designs  and  draughts  of  him  that 
began  it. 

When  a  Fellow  Craftsman  is  chosen  Warden  of  the  work 
under  the  Master,  he  shall  be  true  both  to  Master  and  Fel- 
lows;  shall  carefully  oversee  the  work  in  the  Master's 
absence  to  the  lord's  profit;  and  his  brethren  shall  obey 
him. 

All  Masons  employed  shall  meekly  receive  their  wages 
vithout  murmuring  or  mutiny,  and  not  desert  the  Master  till 
the  work  is  finished. 

*  DERMOTT  says :  "  A  Master  Mason  only  must  be  the  surveyor  or 
Master  of  the  work."  Here  again  the  alteration  of  Dermott  has,  in  modem 
usage,  superseded  the  original  regulation.  Fellcvv  Crafts  are  not  now  eligible 
to  office. 


60  THE   WRITTEN    LAW. 

A  younger  Brother  shall  be  instructed  in  working,  to  pre- 
vent spoiling  the  materials  for  want  of  judgment,  and  for  in- 
creasing and  continuing  of  brotherly  love. 

All  the  tools  used  in  working  shall  be  approved  by  the 
Grand  Lodge. 

No  labourer  shall  be  employed  in  the  proper  work  of  Ma- 
sonry ;  nor  shall  Free  Masons  work  with  those  that  are  not 
free,  without  an  urgent  necessity ;  nor  shall  they  teach  la- 
bourers and  unaccepted  Masons,  as  they  should  teach  a 
Brother  or  Fellow. 

VI.    OF    BEHAVIOUR,  VIZ  : 

1.  In  the  Lodge  while  Constituted. 

Y"ou  are  not  to  hold  private  committees,  or  separate  con- 
versation, without  leave  from  the  Master,  nor  to  talk  of  any 
thing  impertinent  or  unseemly,  nor  interrupt  the  Master  or 
Wardens,  or  any  Brother  speaking  to  the  Master  ;  nor  be- 
have yourself  ludicrously  or  jestingly  while  the  Lodge  is 
engaged  in  what  is  serious  and  solemn  ;  nor  use  any  unbe- 
coming language  upon  any  pretence  whatsoever ;  but  to  pay 
due  reverence  to  your  Master,  Wardens  and  Fellows,  and 
put  them  to  worship. 

If  any  complaint  be  brought,  the  Brother  found  guilty 
shall  stand  to  the  award  and  determination  of  the  Lodge, 
who  are  the  proper  and  competent  judges  of  all  such  contro- 
versies, (unless  you  carry  it  by  appeal  to  the  Grand  Lodge,) 
and  to  whom  they  ought  to  be  referred,  unless  a  lord's  work 
be  hindered  the  meanwhile,  in  which  case  a  particular  refer- 
ence may  be  made  ;  but  you  must  never  go  to  law  about 
what  concerneth  Masonry,  without  an  absolute  necessity  ap- 
parent to  the  Lodge. 

2.  BeJiaviour  after  ilie,  Lodge  is  over  and  the  Brethren  not  gone. 

You  may  enjoy  yourself  with  innocent  mirth,  treating  one 
another  according  to  ability,  but  avoiding  all  excess,  or  foro 


THE  WRITTEN  LAW.  61 

big  any  Brother  to  eat  or  drink  beyond  his  inclination,  or 
hindering  him  from  going  when  his  occasions  call  him,  or 
doing  or  saying  any  thing  offensive,  or  that  may  forbid  an 
easy  and  free  conversation ;  for  that  would  blast  our  har- 
mony and  defeat  our  laudable  purposes.  Therefore  no 
private  piques  or  quarrels  must  be  brought  within  the  door 
of  the  Lodge,  far  less  any  quarrels  about  religion,  or  nations, 
or  state  policy,  we  being  only,  as  Masons,  of  the  Catkolick 
religion  above-mentioned  ;  we  are  also  of  all  nations,  tongues, 
kindreds,  and  languages,  and  are  resolved  against  all  poli- 
ticks, as  what  never  yet  conduced  to  the  welfare  of  the 
Lodge,  nor  ever  will.  This  Charge  has  been  always  strictly 
enjoined  and  observed ;  but  especially  ever  since  the  Refor- 
mation in  Britain,  or  the  dissent  and  secession  of  these 
nations  from  the  communion  of  Rome. 

3.  BeJiaviour  when  Brethren  meet  without  Strangers,  but  not  in  a 
Lodge  formed. 

You  are  to  salute  one  another  in  a  courteous  manner,  as 
you  will  be  instructed,  calling  each  other  Brother,  freely  giv- 
ing mutual  instruction  as  shallbe  thought  expedient,  without 
being  overseen  or  overheard,  and  without  encroaching  upon 
each  other,  or  derogating  from  that  respect  which  is  due  to 
any  Brother,  were  he  not  a  Mason ;  for  though  all  Masons 
are  as  brethren  upon  the  same  level,  yet  Masonry  takes  no 
honour  from  a  man  that  he  had  before  ;  nay,  rather  it  adds 
to  his  honour,  especially  if  he  has  deserved  well  of  the 
Brotherhood,  who  must  give  .honour  to  whom  it  is  due,  and 
avoid  ill  manners. 

4.  Behaviour  in  Iresence  of  Strangers  not  Masons. 

Zou  shall  be  cautious  in  your  words  and  carriage,  that  the 
most  penetrating  stranger  shall  not  be  able  to  discover  or 
find  out  what  is  not  proper  to  be  intimated  ;  and  sometimes 
you  shall  divert  a  discourse  and  manage  it  prudently  for  the 
honour  of  the  worshipful  Friternity. 


62  THE  WRITTEN  LAW, 

5.  Behaviour  at  Home,  and  in  your  Neighbourhood. 

You  are  to  act  as  becomes  a  moral  and  wise  man ;  particu- 
larly not  to  let  your  family,  friends  and  neighbours  know  the 
concerns  of  the  Lodge,  &c.,  but  wisely  to  consult  your  own 
honour  and  that  of  the  ancient  Brotherhood,  for  reasons  not 
to  be  mentioned  here.  You  must  also  consult  your  health, 
by  not  continuing  together  too  late,  or  too  long  from  home, 
after  Lodge  hours  are  past ;  and  by  avoiding  of  gluttony  or 
drunkenness,  that  your  families  be  not  neglected  or  injured, 
nor  you  disabled  from  working. 

6.  Behaviour  towards  a  Strange  Brother. 

You  are  cautiously  to  examine  him,  in  such  a  method  as 
prudence  shall  direct  you,  that  you  may  not  be  imposed  upon 
by  an  ignorant  false  pretender,  whom  you  are  to  reject  with 
contempt  and  derision,  and  beware  of  giving  him  any  hints 
of  knowledge. 

But  if  you  discover  him  to  be  a  true  and  genuine  Brother, 
you  are  to  respect  him  accordingly ;  and  if  he  is  in  want, 
you  must  relieve  him  if  you  can,  or  else  direct  him  how 
lie  may  be  relieved.  You  must  employ  him  some  days,  or 
else  recommend  him  to  be  employed.  But  you  are  not 
charged  to  do  beyond  your  ability,  only  to  prefer  a  poor 
Brother  that  is  a  good  man  and  true,  before  any  other  poor 
people  in  the  same  circumstances. 

Finally,  all  these  Charges  you  are  to  observe,  and  also 
those  that  shall  be  communicated  to  you  in  another  way ; 
cultivating  brotherly  love,  the  foundation  and  cape-stone,  the 
cement  and  glory  of  this  ancient  Fraternity ;  avoiding  all 
wrangling  and  quarreling,  all  slander  and  backbiting,  nor 
permitting  others  to  slander  any  honest  Brother,  but  defend- 
ing his  character,  and  doing  him  all  good  offices,  as  far  as  is 
consistent  with  your  honour  and  safety,  and  no  farther. 
And  if  any  of  them  do  you  injury,  you  must  apply  to  your 
own  or  hie  Lodge,  and  from  thence  you  may  appeal  to  the 


THE  WRITTEN   LAW.  63 

fJrand  Lodge  at  the  Quarterly  Communication,  and  from 
thence  to  the  Annual  Grand  Lodge,  as  has  been  the  ancient 
laudable  conduct  of  our  forefathers  in  every  nation ;  never 
taking  a  legal  course  but  when  the  case  cannot  be  otherwise 
decided,  and  patiently  listening  to  the  honest  and  friendly 
advice  of  Master  and  Fellows,  when  they  would  prevent 
you  going  to  law  with  strangers,  or  would  excite  you  to  put 
a  speedy  period  to  all  lawsuits,  that  so  you  may  mind  the 
afiair  of  Masonry  with  the  more  alacrity  and  success ;  but 
with  respect  to  Brothers  or  Fellows  at  law,  the  Master  and 
Brethren  should  kindly  offer  their  mediation,  which  ought 
to  be  thankfully  submitted  to  by  the  contending  brethren ; 
and  if  that  submission  is  impracticable,  they  must,  however, 
carry  on  their  process  or  lawsuit  without  wrath  and  rancor, 
(not  in  the  common  way)  saying  or  doing  nothing  which 
may  hinder  brotherly  love,  and  good  offices  to  be  renewed 
and  continued ;  that  all  may  see  the  benign  influence  of  Ma- 
sonry, as  all  true  Masons  have  done  from  the  beginning  of 
the  world,  and  will  do  to  the  end  of  time. 

X. — THE  GENERAL  REGULATIONS  OP  1721. 

The  most  complete  history  that  could  be  given 
of  these  General  Regulations,  is  to  be  found  in  the 
title  which  precedes  them  in  the  first  edition  of 
Anderson's  Constitutions,  and  which  is  contained 
in  these  words  : 

GENERAL  REGULATIONS,  first  compiled  by  Mr.  George  Payne, 
anno  1720,  when  he  was  Grand  Master,  and  approved  by  the 
Grand  Lodge  on  St.  John  Baptist's  day,  anno  1721,  at  Station- 
er's Hall,  London,  when  the  Most  Noble  Prince  John,  Duke 
of  Montagu,  was  unanimously  chosen  our  Grand  Master  for 
the  year  ensuing;  who  chose  John  Beal,  M.  D.,  his  Deputy 
Grand  Master  ;  and  Mr.  Josiah  Yilleneau  and  Mr.  Thomas 
Morris,  Jun.,  were  chosen  by  the  Lodge  Grand  Wardens 


64  THE   WRITTEN   LAW, 

And  now,  by  the  command  of  our  said  Right  Worshipful 
Grand  Master  Montagu,  the  author  of  this  book  has  com 
pared  them  with,  and  reduced  them  to  the  ancient  records 
and  immemorial  usages  of  the  Fraternity,  and  digested  them 
into  this  new  method,  with  several  proper  explications,  for 
the  use  of  the  Lodges  in  and  about  London  and  West- 
minster. 

In  subsequent  editions  of  the  Book  of  Consti- 
tutions, these  Regulations  were  altered  or  amended 
in  various  points;  but  the  original  thirty-nine,  as 
published  in  the  first  edition,  are  all  that  are  now 
considered  as  entitled  to  any  authority  as  part  of 
the  universal  Written  Law  of  Masonry.  Until 
lately,  however,  it  was  difficult  to  obtain  access  to 
the  first  edition  of  the  Book  of  Constitutions,  pre- 
pared for  and  by  order  of  the  Grand  Lodge,  by  the 
Rev.  James  Anderson,  which  had  been  long  out  of 
print,  and  therefore  rare,  and  consequently  many 
erroneous  deductions  were  made,  and  false  prin- 
ciples laid  down  in  Masonic  law,  from  the  fact  that 
the  references  were  made  to  the  new  Regulations 
contained  in  the  subsequent  editions.  Another  fer- 
tile source  of  error  was.  that  Laurence  Dermott,in 
his  "Ahiman  Rezon,  or  Help  to  a  Brother,"  published 
these  "  Old  Regulations,"  and  that  in  a  mutilated 
form,  witn  a  corresponding  column  of  the  "New 
Regulations,"  which  are,  of  course,  without  author- 
ity, and  which,  nevertheless,  have  been  sometimes 
ignorantly  quoted  as  Masonic  law.  I  shall,  as  in 
the  instance  of  the  "  Charges,"  occasionally  call  at 


THE  WRITTEN   LAW.  6? 

teiition  to  these  alterations  and  amendments  of  the 
Old  Regulations,  just  as  the  chart -makers  lay 
down  the  location  of  the  rocks  and  breakers  which 
the  ship  is  to  avoid.* 

I.  The  Grand  Master  or  his  Deputy  hath  authority  and 
right,  not  only  to  be  present  in  any  true  Lodge,  but  also  to 
preside  wherever  he  is,  with  the  Master  of  the  Lodge  on  his 
left  hand,  and  to  order  his  Grand  Wardens  to  attend  him, 
who  are  not  to  act  in  any  particular  Lodges  as  Wardens,  but 
in  his  presence,  and  at  his  command ;  because  there  the 
Grand  Master  may  command  the  Wardens  of  that  Lodge,  or 
any  other  brethren  he  pleaseth,  to  attend  and  act  as  his 
Wardens  pro  tempore.^ 

II.  The  Master  of  a  particular  Lodge  has  the  right  and 
authority  of  congregating  the  members  of  his  Lodge  into  a 
Chapter  at  pleasure,  upon  any  emergency  or  occurrence,  as 
well  as  to  appoint  the  time  and  place  of  their  usual  forming  ; 
and  in  case  of  sickness,  death,  or  necessary  absence  of  the 
Master,  the  Senior  Warden  shall  act  as  Master  pro  tempore, 

*  The  new  Regulations,  some  of  which  were  adopted  as  early  as  1723,  were 
wanting  in  this  ingredient,  that  they  were  not  adopted  according  to  the  pro- 
visions of  the  39th  Regulation  of  1721,  viz  :  That  they  should  be  offered  at 
the  Grand  Feast  to  the  consideration  of  all  the  brethren,  even  the  youngest 
Apprentice.  Seeing  this  difficulty,  the  Grand  Lodge,  in  1723,  adopted  a 
new  Regulation,  declaring  that  "  any  Grand  Lodge  duly  met  has  a  power  to 
amend  or  explain  any  of  the  printed  Regulations  in  the  Book  of  Constitutions, 
while  they  break  not  in  upon  the  ancient  rules  of  the  Fraternity."  But  I 
doubt  the  constitutionality  of  any  alteration,  except  at  an  Annual  Commu- 
nication, which  has  now  taken  the  place  of  and  represents  the  Grand  Feast 
At  all  events,  this  has  been  the  modern  usage,  and  accordingly,  many  of  these 
General  Regulations  have  been  altered  or  amended  by  successive  Grand 
Lodges. 

f  That  is,  says  the  new  Regulation,  only  when  the  Grand  Wardens  are 
absent ;  for  the  Grand  Master  cannot  deprive  them  of  their  office  without 
showing  cause.  Such,  by  universal  consent,  has  been  the  subsequent  inter 
pretation  of  this  Regulation. 


66  THE   WRITTEN   LAY/. 

if  no  Brother  is  present  who  has  been  Master  of  that  Lodge 
before  ;  for  in  that  case  the  absent  Master's  authority  re- 
verts to  the  last  Master  then  present;  though  he  cannot  act 
until  the  said  Senior  Warden  has  once  congregated  the  Lodge, 
or  in  his  absence  the  Junior  Warden.* 

III.  The  Master  of  each  particular  Lodge,  or  one  of  the 
Wardens,  or  some  other  Brother  by  his  order,  shall  keep  a 
book  containing  their  by-laws,  the  names  of  their  members, 
with  a  list  of  all  the  Lodges  in  town,  and  the  usual  times 
and  places  of  their  forming,  and  all  their  transactions  that 
are  proper  to  be  written. 

IV.  No  Lodge  shall  make  more  than  five  new  brethren  at 
one  time,  nor  any  man  under  the  age  of  twenty-five,  who 
must  be  also  his  own  master,  unless  by  a  dispensation  from 
the  Grand  Master  or  his  Deputy. 

V.  No  man  can  be  made  or  admitted  a  member  of  a  par- 
ticular Lodge  without  previous  notice  one   month   before 
given  to  the  said  Lodge,  in  order  to  make  due  enquiry  into 
the  reputation  and  capacity  of  the  candidate,  unless  by  the 
dispensation  aforesaid. 

VI.  But  no  man  can  be  entered  a  Brother  in  any  particu- 
lar Lodge,  or  admitted  to  be  a  member  thereof,  without  the 
unanimous  consent  of  all  the  members  of  that  Lodgef  then 
present  when  the  candidate  is  proposed,  and  their  consent 
is  formally  asked  by  the  Master;  and  they  are  to  signify 
their  consent  or   dissent  in  their  own  prudent  way,  either 
virtually  or  in  form,  but  with  unanimity ;  nor  is  this  inherent 
privilege  subject  to  a  dispensation ;  because  the  members 

*  There  is  a  palpable  contradiction  in  the  terms  of  this  Regulation,  which 
caused  a  new  Regulation  to  be  adopted  in  1723,  which  declares  that  the  au- 
thority of  Ihe  Master  shall,  in  such  cases,  devolve  on  the  Senior  Warden,  and 
such  is  now  the  general  sense  of  the  Fraternity. 

t  A  subsequent  Regulation  allowed  the  Lodges  to  admit  a  member,  if  not 
ibove  three  ballots  were  against  him.  But  in  this  country  this  has  nevei 
been  considered  as  good  law,  and  the  rule  of  unanimity  has  been  very  strictty 
enforced. 


THE  WRITTEN  LAW.  6V 

of  a  particular  Lodge  are  the  best  judges  of  it ;  and  if  a  frac- 
tious member  should  be  imposed  on  them,  it  might  spoil 
their  harmony,  or  hinder  their  freedom  ;  or  even  break  and 
disperse  the  Lodge,  which  ought  to  be  avoided  by  all  good 
and  true  brethren. 

VII.  Every  new  Brother  at  his  making  is  decently  to 
clothe  the  Lodge,  that  is,  all  the  brethren  present,  arid  to 
deposit  something  for  the  relief  of  indigent  and  decayed 
brethren,  as  the  candidate  shall  think  fit  to  bestow,  over  and 
above  the  small  allowance  stated  by  the  by-laws  of  that  par- 
ticular Lodge  ;  which  charity  shall  be  lodged  with  the  Mas- 
ter or  Wardens,  or  the  cashier,  if  the  members  think  fit  to 
choose  one. 

And  the  candidate  shall  also  solemnly  promise  to  submit 
to  the  Constitutions,  the  Charges  and  Regulations,  and  to 
such  other  good  usages  as  shall  be  intimated  to  them  in  time 
and  place  convenient. 

YIII.  No  set  or  number  of  brethren  shall  withdraw  or 
separate  themselves  from  the  Lodge  in  which  they  were 
made  brethren,  or  were  afterwards  admitted  members,  un- 
less the  Lodge  becomes  too  numerous  ;  nor  even  then,  with- 
out a  dispensation  from  the  Grand  Master  or  his  Deputy ; 
and  when  they  are  thus  separated,  they  must  either  imme- 
diately join  themselves  to  such  other  Lodge  as  they  shall 
like  best,  with  the  unanimous  consent  of  that  other  Lodge  to 
which  they  go  (as  above  regulated,)  or  else  they  must  obtain 
the  Grand  Master's  warrant  to  join  in  forming  a  new  Lodge. 
If  any  set  or  number  of  Masons  shall  take  upon  themselves 
to  form  a  Lodge  without  the  Grand  Master's  warrant,  the 
regular  Lodges  are  not  to  countenance  them,  nor  own  them 
as  fair  brethren  and  duly  formed,  nor  approve  of  their  acts 
and  deeds  ;  but  must  treat  them  as  rebels,  until  they  humble 
themselves,  as  the  Grand  Master  shall  in  his  prudence  direct, 
and  until  he  approve  of  them  by  his  warrant,  which  must  be 
signified  to  the  other  Lodges,  as  the  custom  is  when  a  new 
Lodge  is  to  be  registered  in  the  list  of  Lodges. 


68  THE  WRITTEN   LAW. 

IX.  But  if  any  Brother  so  far  misbehave   himself  as  to 
render  his  Lodge  uneasy,  he  shall  be  twice  duly  admonished 
by  the  Master  or  Wardens  in  a  formed  Lodge  ;  and  if  he  will 
not  refrain  his  imprudence,  and  obediently  submit  to  the 
advice  of  the  brethren,  and  reform  what  gives  them  offence, 
he  shall  be  dealt  with  according  to  the  by-laws  of  that  par- 
ticular Lodge,  or  else  in  such  a  manner  as  the  Quarterly  Com- 
munication shall  in  their  great  prudence  think  fit ;  for  which 
a  new  Regulation  may  be  afterwards  made. 

X.  The  majority  of  every  particular  Lodge,  when  congre- 
gated, shall  have  the  privilege  of  giving  instructions  to  their 
Master  and  Wardens,  before  the  assembling  of  the  Grand 
Chapter  or  Lodge,  at  the  three  Quarterly  Communications 
hereafter  mentioned,  and  of  the  Annual  Grand  Lodge  too ; 
because  their  Master  and  Wardens  are  their  representatives, 
and  are  supposed  to  speak  their  mind. 

XI.  All  particular  Lodges  are  to  observe  the  same  usages 
as  much  as  possible  ;  in  order  to  which,  and  for  cultivating 
a  good  understanding  among  Freemasons,  some  members  out 
of  every  Lodge  shall  be  deputed  to  visit  the  other  Lodges  as 
often  as  shall  be  thought  convenient. 

XII.  The  Grand  Lodge  consists  of,  and  is  formed  by  the 
Masters  and  Wardens  of  all  the  regular  particular  Lodges 
upon  record,  with  the  Grand  Master  at  their  head,  and  his 
Deputy  on  his  left  hand,  and  the  Grand  Wardens  in  their 
proper  places ;  and  must  have  a  Quarterly  Communication 
about  Michaelmas,  Christmas  and  Lady-day,  in  some  conven- 
ient place,  as  the  Grand  Master  shall  appoint,  where  no 
Brother  shall  be  present  who  is  not  at  that  time  a  member 
thereof  without  a  dispensation;  and  while  he  stays,  he  shall 
not  be  allowed  to  vote,  nor  even  give  his  opinion,  without 
leave  of  the  Grand  Lodge  asked  and  given,  or  unless  it  be 
duly  asked  by  the  said  Lodge. 

All  matters  are  to  be  determined  in  the  Grand  Lodge  by  a 
majority  of  votes,  each  member  having  one  vote,  and  the 
Grand  Master  having  two  votes,  unless  the  said  Lodge 


THE  WRITTEN  LAW.  69 

any  particular  thing  .to  the  determination  of  the  Grand  Mas- 
ter for  the  sake  of  expedition. 

XIII.  At  the  said  Quarterly  Communication,  all  matters  that 
concern  the  Fraternity  in  general,  or  particular  Lodges,  or 
single  brethren,  are  quietly,  sedately  and  maturely  to  be  dis- 
coursed of  and  transacted ;  Apprentices  must  be  admitted 
Masters  and  Fellow  Crafts  only  here,*  unless  by  a  dispensa- 
tion. Here  also  all  differences,  that  cannot  be  made  up  and 
accommodated  privately,  nor  by  a  particular  Lodge,  are  to 
be  seriously  considered  and  decided  ;  and  if  any  Brother 
thinks  himself  aggrieved  by  the  decision  of  this  Board,  he 
may  appeal  to  the  Annual  Grand  Lodge  next  ensuing,  and 
leave  his  appeal  in  writing  with  the  Grand  Master,  or  his 
Deputy,  or  the  Grand  Wardens.  Here  also  the  Master  or 
the  Wardens  of  each  particular  Lodge  shall  bring  and  pro- 
duce a  list  of  such  members  as  have  been  made,  or  even 
admitted  in  their  particular  Lodges  since  the  last  Communi- 
cation of  the  Grand  Lodge  ;  and  there  shall  be  a  book  kept 
by  the  Grand  Master,  or  his  Deputy,  or  rather  by  some 
Brother  whom  the  Grand  Lodge  shall  appoint  for  Secretary, 
wherein  shall  be  recorded  all  the  Lodges,  with  their  usual 
times  and  places  of  forming,  and  the  names  of  all  the  mem- 
bers of  each  Lodge  ;  and  all  the  affairs  of  the  Grand  Lodge 
that  are  proper  to  be  written. 

They  shall  also  consider  of  the  most  prudent  and  effectual 
methods  of  collecting  and  disposing  of  what  money  shall  be 
given  to,  or  lodged  with  them  in  charity,  towards  the  relief 
only  of  any  true  Brother  fallen  into  poverty  or  decay,  but  of 
none  else  ;  but  every  particular  Lodge  shall  dispose  of  their 
own  charity  for  poor  brethren,  according  to  their  own  by- 

*  This  is  an  important  Regulation,  the  subsequent  alteration  of  whioh,  by 
universal  consent,  renders  many  of  the  Old  Regulations  inapplicable  to  the 
present  condition  of  Masonry.  For  whereas  formerly  Entered  Apprentices 
constituted  the  general  body  of  the  Craft,  now  it  is  composed  altogether  of 
Master  Masons  ;  hence  many  Regulations,  formerly  applicable  to  Apprentice* 
can  now  only  be  interpreted  as  referring  u.  Master  Masons. 


70  THE   WRITTEN   LAW. 

laws,  until  it  be  agreed  by  all  the  Lodges  (in  a  new  regular 
tion)  to  carry  in  the  charity  collected  by  them  to  the  Grand 
Lodge,  at  the  Quarterly  or  Annual  Communication,  in  order  to 
make  a  common  stock  of  it,  for  the  more  handsome  relief  of 
poor  brethren. 

They  shall  also  appoint  a  Treasurer,  a  Brother  of  good 
worldly  substance,  who  shall  be  a  member  of  the  Grand 
Lodge  by  virtue  of  his  office,  and  shall  be  always  present, 
and  have  power  to  move  to  the  Grand  Lodge  any  thing, 
especially  what  concerns  his  office.  To  him  shall  be  com- 
mitted all  money  raised  for  charity,  or  for  any  other  use  of 
the  Grand  Lodge,  which  he  shall  write  down  In  a  book,  with 
the  respective  ends  and  uses  for  which  the  several  sums  are 
intended  ;  and  shall  expend  or  disburse  the  same  by  such  a 
certain  order  signed,  as  the  Grand  Lodge  shall  afterwards 
agree  to  in  a  new  Regulation ;  but  he  shall  not  vote  in  choos- 
ing a  Grand  Master  or  Wardens,  though  in  every  other  trans- 
action. As  in  like  manner  the  Secretary  shall  bo  a  member 
of  the  Grand  Lodge  by  virtue  of  his  office,  and  vo*e  in  every 
tiling  except  in  choosing  a  Grand  Master  or  Wardens. 

The  Treasurer  and  Secretary  shall  have  'each  a  ?lerk,  who 
must  be  a  Brother  and  Fellow-Craft,*  but  never  "nust  be  a 
member  of  the  Grand  Lodge,  nor  speak  without  being  allowed 
or  desired. 

The  Grand  Master  or  his  Deputy  shall  always  command 
the  Treasurer  and  Secretary,  with  their  clerks  and  books,  in 
order  to  see  how  matters  go  on,  and  to  know  whf  t  is  expe- 
dient to  be  done  upon  any  emergent  occasion. 

Another  Brother  (who  must  be  a  Fellow-Craft),*'  should  be 
appointed  to  look  after  the  door  of  the  Grand  Lodge  ;  but 
shall  be  no  member  of  it.  But  these  offices  may  be  *urther  ex- 
plained by  a  new  Regulation,  when  the  necessity  and  expedi- 
ency of  them  may  more  appear  than  at  present  to  the  fraternity. 

*  Of  course,  in  consequence  of  the  change  made  in  the  character  of  the 
oody  of  the  Fraternity,  alluded  to  in  the  last  note,  these  officer,0  Tst  "ow  be 
Master  Masons. 


THE  WRITTEN   LAW.  71 

XIV.  If  at  any  Grand  Lodge,  stated  or  occasional,  Barter  ly 
or  annual,  the  Grand  Master  and  his  Deputy  should  be  both 
absent,  then  the  present  Master  of  a  Lodge,  that  has  been 
the  longest  a  Freemason,  shall  take  the  chair,  and  preside  as 
Grand  Master  pro  tempore  ;*  and  shall  be  vested  with  all  his 
power  and  honor  for  the  time  ;  provided  there  is  no  Brother 
present  that  has  been  Grand  Master  formerly,  or  Deputy 
Grand  Master ;  for  the  last  Grand  Master  present,  or  else 
the  last  Deputy  present,  should  always  of  right  take  place  in 
the  absence  of  the  present  Grand  Master  and  his  Deputy. 

XV.  In  the  Grand  Lodge  none  can  act  as  Wardens  but 
the  Grand  Wardens  themselves,  if  present ;  and  if  absent, 
the  Grand  Master,  or  the  person  who  presides  in  his  place, 
shall  order  private  Wardens  to  act  as  Grand  Wardens  pro 
tempore  ,-f  whose  places  are  to  be  supplied  by  two  Fellow- 
Craft  of  the  same  Lodge,  called  forth  to  act,  or  sent  thither 
by  the  particular  Master  thereof;  or  if  by  him  omitted,  then 
they  shall  be  called  by  the  Grand  Master,  that  so  the  Grand 
Lodge  may  be  always  complete. 

XVI.  The  Grand  Wardens,  or  any  others,  are  first  to  ad- 
vise with  the  Deputy  about  the  affairs  of  the  Lodge  or  of  the 
brethren,  and  not  to  apply  to  the  Grand  Master  without  tho 
knowledge  of  the  Deputy,  unless  he  refuse  his  concurrence 
in  any  certain  necessary  affair  ;  in  which  case,  or  in  case  of 
any  difference  between  the  Deputy  and  the  Grand  Wardens, 

f  In  the  second  edition  of  the  Book  of  Constitutions,  printed  in  1738,  at 
page  162,  this  Regulation  is  thus  explained  :  "  In  the  first  edition,  the  right 
of  the  Grand  Wardens  was  omitted  in  this  Regulation  ;  and  it  has  been  since 
found  that  the  old  Lodges  never  put  into  the  chair  the  Master  of  a  particu- 
lar Lodge,  but  when  there  was  no  Grand  Warden  in  company,  present  nor 
former,  and  that  in  such  a  case  a  Grand  officer  always  took  place  of  any 
Master  of  a  Lodge  that  has  not  been  a  Grand  officer."  This,  it  may  be  ob- 
served, is  the  present  usage. 

f  "  It  was  always  the  ancient  usage,"  says  ANDERSON,  "  that  the  oldest 
former  Grand  Wardens  supplied  the  places  of  those  of  the  year  when  ab 
•sent" — Const.,  2d  edit,  p.  162.  Accordingly,  the  15th  Regulation  never  was 
observed. 


72  THE   WKITTEN   LAW. 

or  other  brethren,  both  parties  are  to  go  by  concert  to  the 
Grand  Master,  who  can  easily  decide  the  controversy,  and 
make  up  the  difference  by  virtue  of  his  great  authority. 

The  Grand  Master  should  receive  no  intimation  of  business 
concerning  Masonry,  but  from  his  Deputy  first,  except  in  such 
certain  cases  as  his  Worship  can  well  judge  of;  for  if  the 
application  to  the  Grand  Master  be  irregular,  he  can  easily 
order  the  Grand  Wardens,  or  any  other  brethren  thus  apply- 
ing, to  wait  upon  his  Deputy,  who  is  to  prepare  the  business 
speedily,  and  to  lay  it  orderly  before  his  Worship. 

XVII.  No   Grand  Master,  Deputy  Grand  Master,  Grand 
Wardens,  Treasurer,  Secretary,  or  whoever  acts  for  them,  or 
in  their  stead  pro  tempore,  can  at  the  same  time  be  the  Master 
or  Warden  of  a  particular  Lodge ;  but  as  soon  as  any  of 
them  has  honorably  discharged  his  Grand  office,  he  returns 
to  that  post  or  station  in  his  particular  Lodge  from  which  he 
was  called  to  officiate  above. 

XVIII.  If  the  Deputy  Grand  Master  be  sick,  or  necessarily 
absent,  the  Grand  Master  may  choose  any  Fellow-Craft  he 
pleases  to  be  his  Deputy  pro  tempore ;  but  he  that  is  chosen 
Deputy  at  the  Grand  Lodge,  and  the  Grand  Wardens  too, 
cannot  be  discharged  without  the  cause  fairly  appear  to  the 
majority  of  the  Grand  Lodge  ;  and  the  Grand  Master,  if  he 
is  uneasy,  may  call  a  Grand  Lodge  on  purpose  to  lay  the 
cause  before  them,  and  to  have  their  advice  and  concurrence  ; 
in  which  case  the  majority  of  the  Grand  Lodge,  if  they  can- 
not reconcile  the  Master  and  his  Deputy  or  his  Wardens,  are 
to  concur  in  allowing  the  Master  to  discharge  his  said  Deputy 
or  his  said  Wardens,  and  to  choose  another  Deputy  immedi- 
ately ;  and  the  said  Grand  Lodge  shall  choose  other  Wardens 
in  that  case,  that  harmony  and  peace  may  be  preserved. 

XIX.  If  the  Grand  Master  should  abuse  his  power,  and 
render  himself  unworthy  of  the  obedience  and  subjection  of 
the  Lodges,  he  shall  be  treated  in  a  way  and  manner  to  b» 
agreed  upon  in  a  new  Regulation  ;  because  hitherto  the 
ancient  Fraternity  have  had  no  occasion  for  it,  their  formei 


THE  WRITTEN  LAW.  73 

Grand  Masters  having  all  behaved  themselves  worthy  of  that 
honourable  office. 

XX.  The  Grand  Master,  with  his  Deputy  and  Wardens, 
shall  (at  least  once)  go  round  and  visit  all  the  Lodges  about 
town  during  his  Mastership. 

XXI.  If  the  Grand  Master  die  during  his  Mastership  ;  o~  by 
sickness,  or  by  being  beyond  sea,  or  any  other  way  sheald 
be  rendered  uncapable  of  discharging  his  office,  the  Deputy, 
or  in  his  absence  the  Senior  Grand  Warden,  or  in  his  absence 
the  Junior,  or  in  his  absence  any  three  present  Masters  of 
Lodges,  shall  join  to  congregate  the  Grand  Lodge  immedi- 
ately, to  advise  together  upon  that  emergency,  and  to  send 
two  of  their  number  to  invite  the  last  G~and  Master,*  to  re- 
sume his  office,  which  now  in  course  reverts  to  him ;  or  if  he 
refuse,  then  the  next  last,  and  so  backward  ;  but  if  no  former 
Grand  Master  can  be  found,  then  the   Deputy  shall  act  as 
principal,  until  another  is  chosen  ;  or  if  there  be  no  Deputy, 
then  the  oldest  Master. 

XXII.  The  brethren  of  all  the  Lodges  iri  and  about  London 
and  Westminster  shall  meet  at  an  Annual  Confhiunication 
and  Feast,f  in  some  convenient  place,  on  St.  John  Baptist's 
day,  or  else  on  St.  John  Evangelist's  day,  as  the  Grand  Lodge 
shall  think  fit  by  a  new  Regulation,  having  of  late  years  met 
on  St.  John  Baptist's  day ;  provided  :  The  majority  of  Mas- 
ters and  Wardens,  with  the  Grand  Master,  his  Deputy  and 
Wardens,  agree  at  their  Quarterly  Communication,^  three 
months  before,  that  there  shall  be  a  feast,  and  a  General 

*  The  modern  usage  is  Ibr  the  highest  present  Grand  officer  to  assume 
the  vacant  post. 

t  Very  few  Grand  Lodges  now  observe  this  Regulation.  The  feast  of  St 
John  is  celebrated  everywhere  by  the  private  Lodges ;  but  the  Annual  Com- 
munications of  Grand  Lodges  generally  occur  at  a  different  period  of  the 
year. 

%  Quarterly  Communications  are  still  held  by  the  Grand  Lodge  of  England, 
and  a  few  Grand  Lodges  in  this  country  ;  but  the  Regulation  is  becoming 
generally  obsolete,  simply  because  it  has  been  found  impracticable. 


74  THE  WRITTEN    LAW. 

Communication  of  all  the  brethren  ;  for  if  either  the  Grand 
Master,  or  the  majority  of  the  particular  Masters  are  against 
it,  it  must  be  dropt  for  that  time. 

But  whether  there  shall  be  a  feast  for  all  the  brethren  or 
not,  yet  the  Grand  Lodge  must  rieet  in  some  convenient 
place  annually,  on  St.  John's  day  ;  or  if  it  be  Sunday,  then 
on  the  next  day,  in  order  to  choose  every  year  a  new  Grand 
Master,  Deputy  and  Wardens. 

XXIII.  If  it  be  thought  expedient,  and  the  Grand  Master, 
with  the  majority  of  the  Masters  and  Wardens,  agree  to  hold 
a  grand  feast,  according  to  the  ancient  laudable  custom  of 
Masons,  then  the  Grand  Wardens  shall  have  the  care  of  pre- 
paring the  tickets,  sealed  with  the  Grand  Master's  seal,  of 
disposing  of  the  tickets,  of  receiving  the   money  for  the 
tickets,  of  buying  the  materials  of  the  feast,  of  finding  out  a 
proper  and  convenient  place  to  feast  in  ;  and  of  every  other 
thing  that  concerns  the  entertainment. 

But  that  the  work  may  not  be  too  burthensome  to  the  two 
Grand  Wardens,  and  that  all  matters  may  be  expeditiously 
and  safely  managed,  the  Grand  Master  or  his  Deputy  shall 
have  power  to  nominate  and  appoint  a  certain  number  of 
Stewards,  as  his  Worship  shall  think  fit,  to  act  in  concert 
with  the  two  Grand  Wardens ;  all  things  relating  to  the  feast 
being  decided  amongst  them  by  a  majority  of  voices  ;  except 
the  Grand  Master  or  his  Deputy  interpose  by  a  particular 
direction  or  appointment. 

XXIV.  The  Wardens  and  Stewards  shall,  in  due  time,  wait 
upon  the  Grand  Master  or  his  Deputy  for  directions  and 
orders  about  the   premises  ;  but  if  his  Worship  and  his 
Deputy  are   sick,  or  necessarily  absent,  they  shall   call  to- 
gether the  Masters  and  Wardens   of  Lodges  to  meet  on 
purpose   for  their    advice    and   orders,   or   else   they  may 
take  the  matter  wholly  upon  themselves,  and  do  the  best 
they  can. 

The  Grand  Wardens  and  the  Stewards  are  to  account  for 
all  the  iioney  they  receive  or  expend,  to  the  Grand  Lodge, 


THE   WRITTEN    .LAW.  75 

after  dinner,  or  when  the  Grand  Lodge  shall  think  fit  to  re- 
ceive their  accounts. 

If  the  Grand  Master  pleases,  he.  may  in  due  tune  summon 
all  the  Masters  and  Wardens  of  Lodges  to  consult  with  them 
about  ordering  the  grand  feast, 'and  about  any  emergency  or 
accidental  thing  relating  thereunto,  that  may  require  advice  ; 
or  else  to  take  it  upon  himself  altogether. 

XXV.  The  Masters  of  Lodges  shall  each  appoint  one  ex- 
perienced and  discreet  Fellow-Craft  of  his  Lodge,  to  compose 
a  committee,  consisting  of  one  from  every  Lodge,  who  shall 
meet  to  receive,  in  a  convenient  apartment,  every  person 
that  brings  a  ticket,  and  shall  have  power  to  discourse  him, 
if  they  think  fit,  in  order  to  admit  him  or  debar  him,  as  they 
shall  see  cause ;  provided,  they  send  no  man  away  before 
they  have  acquainted  all  the  brethren  within  doors  with  the 
reasons  thereof,  to  avoid  mistakes,  that  so  no  true  Brother 
may  be  debarred,  nor  a  false  Brother  or  mere  pretender  ad- 
mitted.    This  committee  must  meet  very  early  on  St.  John's 
Day  at  the  place,   even    before  any  persons    come  with 
tickets. 

XXVI.  The  Grand  Master  shall  appoint  two  or  more  trusty 
brethren  to  be  porters  or  doorkeepers,  who  are  also  to  be 
early  at  the  place  for  some  good  reasons,  and  who  are  to  be 
at  the  command  of  the  committee. 

XX VIE.  The  Grand  Wardens  or  the  Stewards  shall  appoint 
beforehand  such  a  number  of  brethren  to  serve  at  table  as 
they  think  fit  and  proper  for  that  work ;  and  they  may  ad- 
vise with  the  Masters  and  Wardens  of  Lodges  about  the 
most  proper  persons,  if  they  please,  or  may  take  in  such  by 
their  recommendation ;  for  none  are  to  serve  that  day  but 
Free  and  Accepted  Masons,  that  the  communication  may  be 
free  and  harmonious. 

XXVIII.  All  the  members  of  the  Grand  Lodge  must  be  at 
the  place  long  before  dinner,  with  the  Grand  Master,  or  his 
Deputy,  at  their  head,  who  shall  retire  and  form  themselves 
And  this  is  done  in  order  : 


76  THE  WRITTEN   LAW. 

1.  lo  receive  any  appeals  duly  lodged,  as  above  regu- 
lated, that  the  appellant  may  be  heard,  and  the  affair  may 
be  amicably  decided  before  dinner,  if  possible  ;  but  if  it 
cannot,  it  mast  be  delayed  till  after  the  new  Grand  Master 
is  elected ;  and  if  it  cannot  be  decided  after  dinner,  it  may 
be  delayed,  and  referred  to  a  particular  committee,  that 
shall  quietly  adjust  it,  and  make  report  to  the  next  Quar- 
terly Communication,  that  brotherly  love  may  be  pre- 
served. 

2.  To  prevent  any  difference  or  disgust  which  may  be 
feared  to  arise  that  day ;  that  no  interruption  may  be  given 
to  the  harmony  and  pleasure  of  the  grand  feast. 

3.  To  consult  about  whatever  concerns  the  decency  and 
decorum  of  the  Grand  Assembly,  and  to  prevent  all  inde- 
cency and  ill  manners,  the  assembly  being  promiscuous. 

4.  To  receive  and  consider  of  any  good  motion,  or  any 
momentous   and  important  affair,  that  shall  be  brought 
from  the  particular  Lodges,  by  their  representatives,  the 
several  Masters  and  Wardens. 

XXIX.  After  these  things  are  discussed,  the  Grand  Master 
and  his  Deputy,  the  Grand  Wardens,  or  the  Stewards,  the 
•Secretary,  the  Treasurer,  the  Clerks,  and  every  other  person, 
shall  withdraw,  and  leave  the  Masters  and  Wardens  of  the 
particular  Lodges  alone,  in  order  to   consult  amicably  about 
electing  a  new  Grand  Master,  or  continuing  the  present,  if 
they  have  not  done  it  the  day  before  ;  and  if  they  are  unani- 
mous for  continuing  the  present  Grand  Master,  his  Worship 
shall  be  called  in,  and  humbly  desired  to  do  the  Fraternity 
tHe  honor  of  ruling  them  for  the  year  ensuing  ;  and  after 
dinner  it  will  be  known  whether  he  accepts  of  it  or  not ;  for 
it  should  not  be  discovered  but  by  the  election  itself. 

XXX.  Then  the  Masters  and  Wardens,  and  all  the  brethren, 
may  converse  promiscuously,  or  as  they  please  to  sort  to- 
gether, until  the  dinner  is  coming  in,  when  every  Brother 
takes  his  seat  at  table. 

XXXI.  Some  time  after  dinner  the  Grand  Locljre  is  formed 


THE  WRITTEN  L1W.  77 

not  hi  retirement,  but  in  the  presence  of  all  the  brethren, 
who  yet  are  not  members  of  it,  and  must  not  therefore  speak 
until  they  are  desired  and  allowed. 

XXXII.  If  the  Grand  Master  of  last  year  has  consented 
with  the  Master  and  Wardens  in  private,  before  dinner,  to 
continue  for  the  year  ensuing  ;  then  one  of  the  Grand  Lodge, 
deputed  for  that  purpose,  shall  represent  to  all  the  brethren 
his  Worship's  good  government,  &c.     And  turning  to  him, 
shall,  in  the  name  of  the  Grand  Lodge,  humbly  request  him 
to  do  the  Fraternity  the  great  honour  (if  nobly  born,)  if  not, 
the  great  kindness  of  continuing  to  be  their  Grand  Master 
for  the  year  ensuing.    And  his  Worship  declaring  his  con- 
sent by  a  bow  or  a  speech,  as  he  pleases,  the  said  deputed 
member  of  the  Grand  Lodge  shall  proclaim  him  Grand  Mas 
ter,  and  all  the  members  of  the  Lodge  shall  salute  him  in  due 
form.    And  all  the  brethren  shall  for  a  few  minutes  have 
leave  to  declare  their  satisfaction,  pleasure  and  congratu- 
lation. 

XXXIII.  But  if  either  the  Master  and  Wardens  have  not 
in  private,  this   day  before    dinner,  nor  the   day  before, 
desired  the  last  Grand  Master  to  continue  in  the  master- 
ship another  year;  or  if  he,  when  desired,  has  not  con- 
sented :  Then 

The  last  Grand  Master  shall  nominate  his  successor  for  the 
year  ensuing,  who,  if  unanimously  approved  by  the  Grand 
Lodge,  and  if  there  present,  shall  be  proclaimed,  saluted  and 
congratulated  the  new  Grand  Master,  as  above  hinted,  and 
immediately  installed  by  the  last  Grand  Master,  according  to 
usage. 

XXXIY.  But  if  that  nomination  is  not  unanimously  ap- 
proved, the  new  Grand  Master  shall  be  chosen  immediately 
by  ballot,  every  Master  and  Warden  writing  his  man's  name, 
and  the  last  Grand  Master  writing  his  man's  name  too  ;  and 
the  man  whose  name  the  last  Grand  Master  shall  first  take 
out,  casually  or  by  chance,  shall  be  Grand  Master  for  the 
year  ensuing ;  and  if  present,  he  shall  be  proclaimed,  saluted 


78  THE  WRITTEN   LAW. 

and  congratulated,  as  above  hinted,  and  forthwith  installed 
by  the  last  Grand  Master,  according  to  usage.* 

XXXV.  The  last  Grand  Master  thus  continued,  or  the  new 
Grand  Master  thus  installed,  shall  next  nominate  and  appoint 
his  Deputy  Grand  Master,  either  the  last  .or  a  new  one.  who 
shall  be  also  declared,  saluted  and  congratulated,  as  above 
hinted. 

The  Grand  Master  shall  also  nominate  the  new  Grand 
Wardens,  and  if  unanimously  approved  by  the  Grand  Lodge, 
shall  be  declared,  saluted  and  congratulated,  as  above  hinted ; 
but  if  not,  they  shall  be  chosen  by  ballot,  in  the  same  way  as 
the  Grand  Master ;  as  the  Wardens  of  private  Lodges  are 
also  to  be  chosen  by  ballot  in  each  Lodge,  if  the  members 
thereof  do  not  agree  to  their  Master's  nomination. 

XXXVI.  But  if  the  Brother,  whom  the  present  Grand 
Master  shall  nominate  for  his  successor,  or  whom  the  ma- 
jority of  the  Grand  Lodge  shall  happen  to  choose  by  ballot, 
is,  by  sickness  or  other  necessary  occasion,  absent  from  the 
grand  feast,  he  cannot  be  proclaimed  the  new  Grand  Master, 
unless  the  old  Grand  Master,  or  some  of  the  Masters  and 
Wardens  of  the  Grand  Lodge  can  vouch,  upon  the  honour  of  a 
Brother,  that  the  said  person,  so  nominated  or  chosen,  will 
readily  accept  of  the  said  office  ;  in  which  case  the  old  Grand 
Master  shall  act  as  proxy,  and  shall  nominate  the  Deputy  and 
Wardens  in  his  name,  and  in  his  name  also  receive  the  usual 
honours,  homage  and  congratulation. 

XXXVII.  Then  the  Grc,nd  Master  shall  allow  any  Brother, 
Fellow-Craft,  or  Apprentice,  to  speak,  directing  his  discourse 
to  his  Worship  ;  or  to  make  any  motion  for  the  good  of  the 
Fraternity,  which  shall  be  either  immediately  considered  and 
finished,  or  else  referred  to  the  consideration  of  the  Grand 
Lodge  at  their  next  communication,  stated  or  occasional. 
When  that  is  over, 


*  I  know  of  no  instance  on  record  in  which  this  custom  of  selecting  by  lot 
las  been  followed.    The  regulation  is  now  clearly  everywhere  obsolete. 


THE   WRITTEN  LAW.  79 

XXXV  III.  The  Grand  Master,  or  his  Deputy,  or  Kome 
Brother  appointed  by  him,  shall  harangue  all  the  brethren, 
and  give  them  good  advice ;  and  lastly,  after  some  other 
transactions,  that  cannot  be  written  in  any  language,  the 
brethren  may  go  away  or  stay  longer,  if  they  please. 

XXXIX.  Every  Annual  Grand  Lodge  has  an  inherent 
power  and  authority  to  make  new  Regulations,*  or  to  alter 
these,  for  the  real  benefit  of  this  ancient  Fraternity:  pro- 
vided always  that  the  old  Landmarks  be  carefully  preserved, 
and  that  such  alterations  and  new  Regulations  be  proposed 
and  agreed  to  at  the  third  Quarterly  Communication  preced- 
ing the  annual  grand  feast ;  and  that  they  be  offered  also  to 
the  perusal  of  all  the  brethren  before  dinner,  in  writing,  even 
of  the  youngest  Apprentice  ;  the  approbation  and  consent 
of  the  majority  of  all  the  brethren  present  being  absolutely 
necessary  to  make  the  same  binding  and  obligatory  ;  which 
must,  after  dinner,  and  after  the 'new  Grand  Master  is  in- 
stalled, be  solemnly  desired  ;  as  it  was  desired  and  obtained 
for  these  Regulations,  when  proposed  by  the  Grand  Lodge, 
to  about  150  brethren,  on  St.  John  Baptist's  day,  1721. 

The  Constitutions,  Charges  and  Regulations  here 
presented  to  the  reader,  and  which  were  adopted  at 
various  periods,  from  926  to  1722,  constitute  the 
Written  Law  of  Masonry,  and  they  were  at  one 
time  co-extensive  in  authority  with  the  Landmarks 
of  the  Order.  From  these,  however,  they  differ  in 
this  respect,  that  the  Landmarks  being  unrepealable, 
must  ever  continue  in  force  ;  but  the  Written  Law, 
having  been  adopted  by  the  supreme  legislative  au- 
thority of  the  Order  at  the  time,  may  be  altered, 
amended,  or  altogether  repealed  by  the  same  su- 

*  See  note  on  page  60. 


80  THE  WRITTEN   LAW. 

preme  authority — a  doctrine  which  is  explicitly  set 
forth  in  the  Thirty-ninth  General  Regulation. 
Accordingly,  portions  of  this  Written  Law  have, 
from  time  to  time,  been  materially  modified  by  dif- 
ferent Grand  Lodges,  as  will  be  evident  upon  in- 
spection of  these  laws  with  the  modern  Constitutions 
of  any  jurisdiction. 

It  may,  however,  be  considered  as  an  axiom  of 
Masonic  law,  that  in  every  Masonic  jurisdiction, 
where  any  one  of  these  Regulations  has  not  been 
formally  or  implicitly  repealed  by  a  subsequent  en- 
actment of  a  new  law,  the  old  Regulation  will 
continue  in  force,  and  the  Craft  must  be  governed 
by  its  provisions. 

So  in  all  doubtful  questions  of  Masonic  law,  re- 
course must  be  had,  in  forming  an  opinion,  first  to 
the  Landmarks,  and  then  to  this  code  of  Written 
Laws  ;  and  out  of  these  two  authorities,  the  legal 
dictum  is  to  be  established,  because  all  the  principles 
of  law  are  embraced  in  these  two  authorities,  the 
Ancient  Landmarks  and  the  Ancient  Written  Law ; 
and  hence  they  have  been  necessarily  incorporated 
into  this  volume,  as  a  fitting  introduction,  under  the 
appropriate  litlo  of  the  FOUNDATIONS  OF  MASONIC 
LAW. 


BOOK  II. 


Hate  jRpKaHflg  lo  (Janbibefps. 


THE  position  of  a  candidate  is  a  transition  state  from  the 
profane  world  to  the  Masonic  institution.  It  is  the  first  step 
taken  which  is  to  place  the  recipient  within  the  jurisdiction 
of  Masonic  Law.  It  is  proper,  therefore,  to  commence  a 
treatise  on  that  subject,  with  a'consideration  of  all  that  re- 
lates to  this  peculiar  condition,  such  as  the  qualifications  of 
candidates,  and  their  method  of  application  and  admission, 
or  rejection.  These  topics  will  therefore  be  considered  in 
the  present  Book. 


CHAPTER    I. 

• 
of  <£aiitrttratcs. 


THE  qualifications  which  are  essential  in  those 
wljo  apply  for  initiation  into  the  mysteries  of  Free- 
masonry, are  of  two  kinds,  internal  and  external.* 

The  internal  qualifications  of  a  candidate  are  those 
which  lie  within  Ms  own  bosom,  and  are  not  patent 
to  the  world.  They  refer  to  his  peculiar  disposi- 
tions towards  the  institution  —  his  motives  and  de- 
sign in  seeking  an  entrance  into  it.  Hence  they 
are  known  to  himself  alone  ;  and  a  knowledge  of 
them  can  only  be  acquired  from  his  own  solemn 
declarations. 

The  external  qualification's  are  those  which  refer 
to  his  outward  fitness  for  initiation,  and  are  based 
on  his  moral  and  religious  character,  the  frame  of 
his  body,  the  constitution  of  his  mind,  and  his 

*  It  is  true  that  the  ritual  of  the  first  decree  says,  that  "  it  is  the  internal 
and  not  the  external  qualifications  whicii  recommend  a  man  to  be  made  a 
Mason,"  but  the  context  of  the  sentence  shows  that  the  external  qualifica- 
tions there  referred  to  are  "  worldly  wealth  and  honors."  The  ritual,  there- 
fore, has  of  coarse  no  allusion  t0  the  sort  of  external  qualifications  which  are 
here  to  be  discussed. 


84  THE   QUALIFICATIONS 

social  position.  A  knowledge  of  these  is  to  be 
acquired  from  a  careful  examination  by  a  committee 
appointed  for  that  purpose. 

Each  of  these  divisions  requires  a  separate  con- 
sideration. 

SECTION  I. 

THE    INTERNAL    QUALIFICATIONS. 

The  first  of  these  internal  qualifications  is,  that 
every  candidate  for  initiation  into  the  mysteries  of 
Freemasonry  must  come  of  his  own  free  will  and 
accord.*  Thifi  is  a  peculiar  feature  of  the  Masonic 
institution  that  must  commend  it  to  the  respect  of 
every  generous  mind.  In  other  associations,  it  is 
considered  meritorious  in  a  member  to  exert  his 
influence  in  obtaining  applications  for  admission, 
but  it  is  wholly  uncongenial  with  the  spirit  of  our 
Order  to  persuade  any  one  to  become  a  Mason. 
Whosoever  seeks  a  knowledge  of  our  mystic  rites, 
must  first  be  prepared  for  the  ordeal  in  his  heart : 
he  must  not  only  be  endowed  with  the  necessary 
moral  qualifications  which  would  fit  him  for  admis- 
sion into  a  society  which  is  founded  on  the  purest 

*  PRESTON,  (lUusL  p.  32,  note,  OL.  ed.)  lays  down  the  following  as  "  the 
Declaration  to  be  assented  to  by  every  candidate  previous  to  initiation,  and 
to  be  subscribed  by  his  name  at  full  length,"  and  this  form  of  declaration,  it 
may  be  added,  has  been  almost  verbally  adhered  to  by  all  subsequent 
authorities  • 

"  I,  [A.  B.,]  being  free  by  birth,  and  of  the  full  age  of  twenty-one  years. 
do  declare,  that,  unbiased  by  the  improper  solicitation  of  friends,  and  unin- 
fluenced by  mercenary  or  other  unworthy  motives,  Ifrmly  and  voluntarily 
Offer  myself  a  candidate  for  the  mysteries  of  Masonry,"  &c. 


OF   CANDIDATES.  85 

principles  of  virtue  and  religion,  but  he  must  come, 
too,  uninfluenced  by  the  persuasions  of  friends. 
This  is  a  settled  usage  of  the  Order,  and.  therefore 
nothing  can  be  more  painful  to  a  true  Mason  than 
to  see  this  usage  violated  by  young  and  needless 
brethren.  It  cannot  be  denied  that  this  usage  is 
sometimes  violated  ;  and  this  habit  of  violation  is 
one  of  those  unhappy  influences  often  almost  in 
sensibly  exerted  upon  Masonry  by  the  existence  oi 
the  many  imitative  societies  to  which  the  present 
age,  like  those  which  preceded  it,  has  given  birth, 
and  which  resemble  Masonry  in  nothing,  except  in 
having  some  sort  of  a  secret  ceremony  of  initiation. 
And  hence  there  are  some  men  who,  coming  among 
us,  imbued  with  the  principles  and  accustomed  to 
the  usages  of  these  modern  societies,*  in  which  the 
persevering  solicitation  of  candidates  is  considered 
as  a  legitimate  and  even  laudable  practice,  bring 
with  them  these  preconceived  notions,  and  consider 
it  as  their  duty  to  exert  all  their  influence  in  per- 
suading their  friends  to  become  members  of  the 
Craft.  Men  who  thus  misconceive  the  true  policy 

*  The  evil  influences  exerted  by  these  societies  on  our  institution  have 
frequently  attracted  attention.  The  Grand  Inspectors  for  the  city  of  Balti- 
more, in  the  Grand  Lodge  of  Maryland,  make  on  this  subject  the  following 
remarks  :  "  Many  are  crowding  into  our  institution  from  other  secret  so- 
cieties, having  their  prejudices  and  peculiar  ideas  and  notions,  with  a  disposi- 
tion to  make  Masonry  conform  to  what  they  have  been  taught  elsewhere  ; 
and  finding  places  of  power  and  honor  easy  of  access,  are  hardly  sensible 
of  the  burdens  imposed  upea  Entered  Apprentices,  or  conscious  of  what  ma- 
terial is  necessary  for  the  building,  before  they  are  superintending,  as  Mas 
ters,  its  construction,  and  sometimes  seem  indignant  that  they  should  be  told 
they  are  spoiling  the  temple."— Proceedings  G.  L.  of  Md.,  1857,  p.  35. 


86  THE  QUALIFICATIONS 

of  our  institution,  should  be  instructed  ly  their 
older  and  more  experienced  brethren  that  it  is 
wholly  in  opposition  to  all  our  laws  and  principles 
to  ask  any  one  to  become  a  Mason,  or  to  exercise 
any  kind  of  influence  upon  the  minds  of  others, 
except  that  of  a  truly  Masonic  life  and  a  practical 
exemplification  of  the  tenets  by  which  they  may  be 
induced  to  ask  admission  into  our  Lodges.  We 
must  not  seek — we  are  to  be  sought. 

And  if  this  were  not  an  ancient  law,  imbedded  in 
the  very  cement  that  upholds  our  system,  policy 
alone  would  dictate  an  adherence  to  the  voluntary 
usage.  We  need  not  now  fear  that  our  institution 
will  suffer  from  a  deficiency  of  members.  Our 
greater  dread  should  be  that,  in  its  rapid  extension, 
less  care  may  be  given  to  the  selection  of  candi- 
dates than  the  interests  and  welfare  of  the  Order 
demand.  There  can,  therefore,  be  no  excuse  for 
the  practice  of  persuading  candidates,  but  every 
hope  of  safety  in  avoiding  such  a  practice.  It 
should  always  be  borne  in  mind  that  the  candidate 
who  comes  to  our  altar,  not  of  his  own  "  free  will 
and  accord,"*  but  induced  by  the  persuasion  of  his 
friends,  no  matter  how  worthy  he  may  otherwise 
be,  violates,  by  so  coming,  the  requirements  of  the 
institution  on  the  very  threshold  of  its  temple,  and, 
in  ninety-nine  cases  out  of  a  hundred,  fails  to  be- 
come imbued  with  that  zealous  attachment  to  the 

*  The  oldest  rituals  which  I  have  been  enabled  to  consult,  preserve  this  01 
a  similar  form  of  words.  The  voluntary  principle  has  always  prevailed  an<^ 
V>een  recognised  in  every  country. 


OP   CANDIDATES.  87 

Order  which  is  absolutely  essential  to  the  formation 
of  a  true  Masonic  character. 

The  next  internal  qualification  of  a  candidate  is 
that,  in  making  his  application,  he  must  be  uninflu- 
enced by  mercenary  motives*  If  the  introduction 
of  candidates  under  the  influence  of  undue  solicita- 
tion is  attended  with  an  injurious  effect  upon  the 
institution,  how  much  more  fatal  must  be  the  results 
when  the  influence  exerted  is  of  a  mean  and  ignoble 
kind,  and  when  the  applicant  is  urged  onwards  only 
by  the  degrading  hopes  of  pecuniary  interest  or 
personal  aggrandizement.  The  whole  spirit  of  the 
Order  revolts  at  the  very  idea  of  such  a  prostitution 
of  its  noble  purposes,  and  turns  with  loathing  from 
the  aspirant  who  seeks  its  mysteries,  impelled,  not 
by  the  love  of  truth  and  the  desire  of  knowledge, 
but  by  the  paltry  inducements  of  sordid  gain. 

"  There  was  a  time,"  says  an  eloquent  and  discern- 
ing Brother ,t  "  when  few  except  the  good  and  true 
either  sough  fc  for  or  gained  admission  into  Masonic 
Lodges,  for  it  was  thought  that  such  alone  could 
find  their  affinities  there.  Masons  were  then  com- 
paratively few,  and  were  generally  known  and  dis- 
tinguished for  those  qualifications  which  the  teach- 
ings of  the  Order  require  on  the  part  of  all  who 
apply  for  admission.  They  were  not  of  those  who 
would  make  merchandise  of  its  benefits,  by  prosti 

*  This  qualification  is  included  in  the  Declaration  from  PRESTON,  already 
quoted  on  a  preceding  page. 

I  Brother  W.  H.  HOWARD,  Past  Grand  Master  of  California.  See  his 
Address  in  the  Proceedings  of  the  Grand  Lodge  of  California,  1857,  p.  12, 


88  THE   QUALIFICATIONS 

tuting  them  to  the  purposes  of  individual  emolu 
ment.  They  were  not  of  those  who  would  seek 
through  Masonic  appliances  to  re-invigorate  a  de- 
caying reputation,  and  gain  a  prominency  within 
the  Lodge  that  was  unattainable  without  it ;  or 
worse  still,  to  use  its  influences  to  gain  prominency 
elsewhere." 

But  that  which  was  unknown  in  the  times  when 
Masonry  was  struggling  for  its  existence,  and  when 
prejudice  and  bigotry  barely  tolerated  its  presence, 
has  now  become  a  "  crying  evil" — when  Masonry, 
having  outlived  its  slanderers,  and  wrought  out  its 
own  reputation,  is  to  be  classed  among  the  most 
popular  institutions  of  the  day.  And  hence  it  be- 
comes incumbent  on  every  Mason  closely  to  inquire 
whether  any  applicant  for  initiation  is  invited  to  his 
pursuit  by  a  love  of  truth,  a  favorable  opinion 
which  he  has  conceived  of  the  institution,  and  a 
desire,  through  its  instrumentality,  of  benefiting 
his  fellow  creatures,  or  whether  he  comes  to  our 
doors  under  the  degrading  influences  of  mercenary 
motives. 

The  presence  of  these  internal  qualifications  is  to 
be  discovered,  as  I  have  already  said,  from  the 
statements  of  the  candidate  himself ;  and  hence  by 
an  ancient  usage  of  the  Order,  which  should  never 
be  omitted,  a  declaration  to  the  necessary  effect  is 
required  to  be  made  by  the  candidate  in  the  presence 
of  the  Stewards  of  the  Lodge,  or  a  committee  ap- 
pointed for  that  purpose,  in  an  adjoining  apartment, 
previous  to  his  initiation.  The  oldest  form  of  thi? 


OF   CANDIDATES.  89 

declaration  used  in  this  country  is  that  contained  in 
Webb's  Monitor,*  and  is  in  these  words  : 

"  Do  you  seriously  Declare,  upon  your  honor,  before  these 
gentlsmen,  that,  unbiassed  by  friends  and  uninfluenced  by 
mercenary  motives,  you  freely  and  voluntarily  offer  yourself 
a  candidate  for  the  mysteries  of  Masonry? 

"  Do  you  seriously  declare,  upon  your  honor,  before  these 
gentlemen,  that  you  are  prompted  to  solicit  the  privileges 
of  Masonry  by  a  favorable  opinion  conceived  of  the  insti- 
tution, a  desire  of  knowledge,  and  a  sincere  wish  of  being 
serviceable  to  your  fellow  creatures  ? 

"  Do  you  seriously  declare,  upon  your  honor,  before  these 
gentlemen,  that  you  will  cheerfully  conform  to  all  the  ancient 
established  usages  and  customs  of  the  Fraternity  ?" 

Some  Grand  Lodges  have  slightly  added  to  the 
number  of  these  questions,  but  the  three  above  cited 
appear  to  be  all  that  ancient  usage  warrants  or  the 
necessities  of  the  case  require. 

SECTION  H. 

THE    EXTERNAL    QUALIFICATIONS. 

We  have  already  said  that  the  external  qualifica- 
tions of  every  candidate  are  based  upon  his  moral 
and  religious  character,  the  frame  of  his  body,  the 
constitution  of  his  mind,  and  his  social  position. 
These  qualifications  are  therefore  of  a  fourfold 
nature,  and  must  be  considered  under  the  distinct 
heads  of  Moral,  Physical,  Intellectual  and  Political. 

*  Edition  of  1808,  p.  32.  The  Declaration  previously  i 'abashed  by  FBBS 
TON  differs  very  slightly  from  this, 


i)0  THE  QUALIFICATIONS 

Moral  Qualifications. 

All  the  old  Constitutions,  from  those  of  York  in 
926,  to  the  Charges  approved  in  1722,  refer,  in 
pointed  terms,  to  the  moral  qualifications  which 
should  distinguish  a  Mason,  and,  of  consequence,  a 
candidate  who  desires  to  be  admitted  into  the  Fra- 
ternity.* The  Charges  of  1722  commence  with 
the  emphatic  declaration  that  "  a  Mason  is  obliged 
by  his  tenure  to  obey  the  moral  law  ;  and  if  he 
rightly  understands  the  art,  he  will  never  be  a 
stupid  atheist  nor  an  irreligious  liber  tine,  "f  Obe- 
dience, therefore,  to  a  particular  practical  law  of 
morality  and  belief  in  certain  religious  dogmas, 
seem  to  constitute  the  moral  qualifications  of  every 
candidate  for  admission  into  the  Fraternity.  The 
proper  inquiry  will  then  be  into  the  nature  of  this 
law  of  conduct  and  these  dogmas  of  belief. 

The  term  "  moral  law,"  in  a  strictly  theological 
sense,  signifies  the  Ten  Commandments  which  were 
given  to  the  Jewish  nation  ;  but  although  it  is  admit- 
ted that  an  habitual  violatior  of  the  spirit  of  these 
laws'  would  disqualify  a  man  from  being  made  a 
Mason,  I  am  disposed  to  give  a  wider  latitude  to 

*  •'  Every  Mason  shall  cultivate  brotnerly  love,  arid  the  love  of  God,  and 
frequent  holy  church." — Old  York  Constitutions,  point  1.  "  Ye  shall  be 
true  men  to  God  and  the  uoly  church,  and  to  use  no  error  or  heresy  by  your 
anderstanning  and  by  wise  men's  teaching." — Installation  Charges  of  1686, 
No.  1.  "  The  persons  admitted  members  of  a  Lodge  must  be  good  and  true 

men, no  immoral  or  scandalous  men,  but  of  good  report." 

Charges  of  1722,  No.  3.  All  of  these  are  summed  up  in  tbe  ritualistic 
phrase  that  the  candidate  must  be  "  under  the  tongue  of  good  report." 

+  ANDTSHSON'I  Constitutions,  edit.  1723,  p.  50. 


OF   CANDIDATES.  9} 

the  definition,  and  to  suppose  that  the  moral  law 
"  denotes  the  rule  of  good  and  evil,  or  of  right  and 
wrong,  revealed  by  the  Creator  and  inscribed  on 
man's  conscience  even  at  his  creation,  and  conse- 
quently binding  upon  him  by  divine  authority."* 
Dr.  Anderson,  the  compiler  of  the  first  edition  of  the 
Book  of  Constitutions,  seems,  in  the  latter  part  of 
his  life,  to  have  inclined  to  this  opinion  ;  for,  in  the 
second  edition  of  the  same  work,  published  in  1738, 
he  modified  the  language  of  the  Charge  above  cited, 
in  these  words  :  "  A  Mason  is  obliged  by  his  tenure 
to  observe  the  moral  law  as  a  true  Noachida/'t 
thus  extending  the  limits  of  the  law  to  those  Pre- 
cepts of  Noah  which  are  supposed  to  be  of  universal 
obligation  among  all  nations.:]:  It  "is  true  that  on 
the  publication  of  the  third  edition  of  the  Constitu- 
tions, in  1755,  the  Grand  Lodge  of  England  re- 
stored the  original  reading  of  the  Charge  ;  but  the 
fact  that  the  alteration  had  once  been  made  by 
Anderson,  is  strong  presumptive  evidence  that  he 
was  unwilling  to  restrict  the  moral  code  of  Masonry 
to  the  commandments  set  forth  by  the  Jewish  law- 
giver. Apart  from  the  fact  that  many  learned  and 
pious  Christian  divines  have  doubted  how  far  the 

*  Encyclop.  of  Eelig.  Knowled.,  art.  Law.    Boston,  1835. 

t  ANDERSON'S  Constitutions,  2d  edit.,  1738,  p.  143. 

}  As  these  Precepts  of  the  patriarch  Noah  are  frequently  referred  to  as 
having  been  the  constitutions  of  our  ancient  brethren,  it  may  be  well  to 
enumerate  them.  They  are  seven  in  number,  and  are  as  follows  :  1.  Re 
nounce  all  idols.  2.  "Worship  the  only  true  God.  3.  Commit  no  murder. 
4.  Be  not  defiled  by  incest.  5.  Do  not  steal.  6.  Be  just,  7.  Eat  no  flesh 
with  blood  in  it. 


92  THE  QUALIFICATIONS 

Jewish  law  is  to  be  considered  binding,  except  as  it 
is  confirmed  by  the  express  sanctions  of  the  New 
Testament,*  the  consideration  that  Masonry,  being 
a  cosmopolitan  institution,  cannot  be  prescribed 
within  the  limits  of  any  particular  religion,  must 
lead  us  to  give  a  more  extended  application  to  the 
words  "  moral  law,"  contained  in  the  old  Charge. 
Hence,  then,  we  may  say,  that  he  who  desires  to  be- 
come a  Mason,  must  first  be  qualified  for  initiation 
by  a  faithful  observanse  of  all  those  principles  of 
morality  and  virtue  which  practically  exhibit  them- 
selves in  doing  unto  others  as  he  would  that  they, 
in  like  circumstances,  should  do  unto  him.  This 
constitutes  the  golden  rule — the  true  basis  of  all 
moral  law.  Tiie  man  who  thus  conducts  himself 
will  necessarily  receive  not  only  the  reward  of  his 
own  conscience,  but  the  approbation  and  respect  of 
the  world  ;  to  which  latter  consequence,  as  an  evi- 
dence of  a  well-spent  life,  the  ritual  refers  when  it 
requires,  as  one  of  the  qualifications  of  a  candidate, 
that  he  should  be  "  under  the  tongue  of  good  re- 
port." The  man  who  submits  to'  this  rule,  will  of 
necessity  observe  the  decalogue  ;  not  always  because 
it  is  the  decalogue,  but  because  its  dictates  are  the 
dictates  of  right  and  justice  ;  and  he  will  thus  come 
strictly  within  the  provisions  of  the  old  Charge, 

*  Thus  MAJITIN  LUTHER  says  :  "  The  law  belongs  to  the  Jews,  and  binds 
as  no  more.  From  the  text  it  is  clear  that  the  Ten  Commandments  also  do 
not  belong  to  us,  because  he  has  not  led  us  out  of  Egypt,  but  the  Jews  only. 
Moses  we  will  take  to  be  our  teacher,  but  not  as  our  lawgiver,  unless  ho 
agrees  with  the  New  Testament  and  the  natural  law."  Vnterricht  wie  sich 
die  Christen  in  Mosen  schicken  sollen. 


OF   CANDIDATES.  93 

even  in  its  most  limited  acceptation,  and  will  of 
course  "  obey  the  moral  law." 

The  religious  qualifications  are  embraced  in  the 
same  Charge,  under  the  expression,  that  if  a  Mason 
"  rightly  understands  the  art,  he  will  never  be  a 
stupid  atheist  nor  an  irreligious  libertine/7 

A  belief  in  God  is  one  of  the  unwritten  Land- 
marks of  the  Order,  requiring  no  regulation  or 
statutory  law  for  its  confirmation.  Such  a  belief 
results  from  the  very  nature  of  the  Masonic  insti- 
tution, and  is  set  forth  in  the  rituals  of.  the  Order 
as  one  of  the  very  first  pre-requisites  to.  the  cere- 
mony of  initiation.  This  Divine  Being,  the  creator 
of  heaven  and  earth,  is  particularly  viewed  in  Ma- 
sonry in  his  character  as  the  Great  Master  Builder 
of  the  Worlds,  and  is  hence  masonically  addressed 
as  the  GRAND  ARCHITECT  OF  THE  UNIVERSE.* 

But  consequent  on  a  belief  in  him,  and  indeed 
inseparably  connected  with  it,  is  a  belief  in  a 
resurrection  to  a  future  life.  This  doctrine  of  a 
resurrection  is  also  one  of  the  great  Landmarks  of 
the  Order,  and  its  importance  and  necessity  may  be 
estimated  from  the  fact,  that  almost  the  whole  de- 
sign of  speculative  Masonry,  from  its  earliest  ori- 
gin, seems  to  have  been  to  teach  this  great  doctrine 
of  the  resurrection.f 

As  to   any  other  religious   doctrines,  Masonry 

*  Very  usually  abbreviated  thus,  "  G.A.O.T.U." 

t  "  This  our  Order  is  a  positive  contradiction  to  the  Judaic  blindness  and 
infidelity,  and  testifies  our  faith  concerning  the  resurrection  of  the  body.''— 
HuTcmrsoN,  Spirit  of  Masowy,  p.  101. 


94  THE   QUALIFICATIONS 

leaves  its  candidates  to  the  enjoyment  of  their  own 
opinions,  whatever  they  may  be.*  The  word  "  liber- 
tine/7 which  is  used  in  the  old  Charges,  conveyed, 
at  the  time  when  those  Charges  were  composed,  a 
meaning  somewhat  different  from  that  which  is  now 
given  to  it.  Bailey  defines  libertinism  to  be  "  a 
false  liberty  of  belief  and  manners,  which  will  have 
no  other  dependence  but  on  particular  fancy  and 
passion ;  a  living  at  large,  or  according  to  a  per- 
son's inclination,  without  regard  to  the  divine 
laws."t  A  "  religious  libertine"  is,  therefore,  a  re- 
jector of  all  moral  responsibility  to  a  superior 
power,  and  may  be  well  supposed  to  be  a  denier  of 
the  existence  of  a  Supreme  Being  and  of  a  future 
life.  Such  a  skeptic  is,  therefore,  by  the  innate  con- 
stitution of  speculative  Masonry,  unfit  for  initiation, 
because  the  object  of  all  Masonic  initiation  is  to 
teach  these  two  great  truths. 

Within  a  few  years  an  attempt  has  been  made  by 
some  Grand  Lodges  to  add  to  these  simple,  moral, 
and  religious  qualifications,  another,  which  requires 
a  belief  in  the  divine  authenticity  of  the  Scriptures4 

*  "  Though  in  ancient  times  Masons  were  charged  in  every  country  to  be 
of  the  religion  of  that  country  or  nation,  whatever  it  was,  yet  it  is  now 
thought  more  expedient  only  to  oblige  them  to  that  religion  in  which  all  men 
agree,  leaving  their  particular  opinions  to  themselves." — Charges  of  1722, 
No.  1. 

•f  Universal  Etymological  English  Dictionary,  anno  1737. 

$  In  1820,  the  Grand  Lodge  of  Ohio  resolved  that  "  in  the  first  degrees  ol 
Masonry,  religious  tenets  shall  not  be  a  barrier  to  the  admission  or  advance 
ment  of  applicants,  provided  they  profess  a  belief  in  God  and  his  holy 
word."— Proceedings  of  G.  L.  of  Ohio,  from  1808  to  1847  inclusive. 
Cilumbus  1557,  p.  113.  And  in  1854  it  adopted  a  resolution  dedaiing 


OP   CANDIDATES,  VJO 

It  is  much  to  be  .regretted  that  Masons  will  some- 
times forget  the  fundamental  law  of  their  institu- 
tion, and  endeavor  to  add  to  or  to  detract  from  the 
perfect  integrity  of  the  building,  as  it  was  left  to 
them  by  their  predecessors.  Whenever  this  is  done, 
the  beauty  of  our  temple  must  suffer.  The  Land- 
marks of  Masonry  are  so  perfect  that  they  neither 
need  nor  will  permit  of  the  slightest  amendment. 
Thus  in  the  very  instance  here  referred  to,  the 
fundamental  law  of  Masonry  requires  only  a  belief 
in  the  Supreme  Architect  of  the  universe,  and  in  a 
future  life,  while  it  says,  with  peculiar  toleration, 
that  in  all  other  matters  of  religious  belief,  Masons 
are  only  expected  to  be  of  that  religion  in  which  all 
men  agree,  leaving  their  particular  opinions  to 
themselves.  Under  the  shelter  of  this  wise  pro- 
vision, the  Christian  and  the  Jew,  the  Mohammedan 
and  the  Brahmin,  are  permitted  to  unite  around 
our  common  altar,  and  Masonry  becomes,  in  practice 
as  well  as  in  theory,  universal.  The~  truth  is,  that 
Masonry  is  undoubtedly  a  religious  institution — its 
religion  being  'of  that  universal  kind  in  which  all 
men  agree,  and  which,  handed  down  through  a  long 
succession  of  ages,  from  that  ancient  priesthood  who 

"  that  Masonry,  as  we  have  received  it  from  our  fathers,  teaches  the  divine 
authenticity  of  the  Holy  Scriptures.''—  Proc.  G.  L.,  Ohio,  1854,  p.  72. 
Commenting  on  this  resolution,  the  Committee  of  Correspondence  of  the 
G.  L.  of  Alabama  say  :  "  That  some  Masons  may  teach  the  divine  authen- 
ticity of  the  Holy  Scriptures,  is  true,  because  some  Masons  are  Christians  ; 
but  Masonry  does  nothing  of  the  sort,  but  leaves  every  man  to  his  own 
opinion  upon  that  subject,  as  it  does  upon  his  Clitics,  his  religion,  his  pro- 
fession."—.Proc.  G.  L.  Ala.,  1855,  p.  67. 


96  THE  QUALIFICATIONS 

first  taught  it,  embraces  the  great  tenets  of  the  exist" 
ence  of  God  and  the  immortality  of  the  soul — 
tenets  which,  by  its  peculiar  symbolic  language,  it 
has  preserved  from  its  foundation,  and  still  con- 
tinues, in  the  same  beautiful  way,  to  teach.  Beyond 
this,  for  its  religious  faith,  we  must  not  and  can- 
not go. 

It  may,  then,  I  think,  be  laid  down  as  good  Ma- 
sonic law,  with  respect  to  the  moral  and  religious 
qualifications  of  candidates,  that  they  are  required 
to  be  men  of  good  moral  character,  believing  in  the 
existence  of  God  and  in  a  future  state.  These  are 
all  the  moral  qualifications  that  can  be  demanded, 
but  each  of  them  is  essential. 

Physical  Qualifications. 

The  physical  qualifications  of  a  candidate  are  re- 
peatedly alluded  to  in  the  ancient  Charges  and 
Constitutions,-  and  may  be  considered  under  the 
three  heads  of  Sex,  Age,  and  Bodily  Conformation. 

1.  As  to  Sex. — It  is  an  unquestionable  Landmark 
of  the  Order,  and  the  very  first  pre-requisite  to  ini- 
tiation, that  the  candidate  shall  be  "  a  man."  This 
of  course  prohibits  the  initiation  of  a  woman.  This 
Landmark  arises  from  the  peculiar  nature  of  our 
speculative  science  as  connected  with  an  operative 
art.  Speculative  Masonry  is  but  the  application  of 
operative  Masonry  to  moral  and  intellectual  pur- 
poses. Our  predecessors  wrought,  according  to  the 
traditions  of  the  Order,  at  the  construction  of  a  ma- 


OF    CANDIDATES.  9 '( 

terial  temple,  while  we  arc  engaged  in  the  erection 
of  a  spiritual  edifice — the  temple  of  the  mind. 
They  employed  their  implements  for  merely  me- 
chanical purposes  ;  we  use  them  symbolically,  with 
a  more  exalted  design.  Thus  it  is  that  in  all  our 
emblems,  our  language,  and  our  rites,  there  is  a 
beautiful  exemplification  and  application  of  the 
rules  of  operative  Masonry  to  a  spiritual  purpose. 
And  as  it  is  evident  that  King  Solomon  employed 
in  the  construction  of  his  temple  only  hale  and 
hearty  men  and  cunning  workmen,  so  our  Lodges, 
in  imitation  of  that  great  exemplar,  demand,  as  an 
indispensable  requisite  to  initiation  into  our  myste- 
ries, that  the  candidate  shall  be  a  man,  capable  of 
performing  such  work  as  the  Master  shall  assign 
him.  This  is,  therefore,  the  origin  of  the  Land- 
mark which  prohibits  the  initiation  of  females. 

2.  As  to  Age. — The  ancient  Regulations  do  not 
express  any  determinate  number  of  years  at  the 
expiration  of  which  a  candidate  becomes  legally  en- 
titled to  apply  for  admission.  The  language  used 
is,  that  he  must  be  of  "  mature  and  discreet  age."'5*" 
But  the  usage  of  the  Craft  has  differed  in  various 
countries  as  to  the  construction  of  the  time  when 
this  period  of  maturity  and  discretion  is  supposed 
to  have  arrived.  The  sixth  of  the  Regulations, 
adopted  in  1663,  prescribes  that  "  no  person  shall  be 
accepted  unless  he  be  twenty-one  years  old,  or 
more ;"  but  the  subsequent  Regulations  are  less  ex- 

*  "  The  persons  admitted  members  of  a  Lodge  must  be    ..... 
of  mature  and  discreet  age." — CJuirges  of  1722,  iii. 

5 


98  THE   QUALIFICATIONS 

plicit.  At Frankfort-on-the-Maine,  the  age  required 
is  twenty  ;  in  the  Lodges  of  Switzerland,  it  has 
been  fixed  at  twenty-one.  The  Grand  Lodge  of 
Hanover  prescribes  the  age  of  twenty-five,  but  per- 
mks  the  son  of  a  Mason  to  be  admitted  at  eighteen.* 
The  Grand  Lodge  of  Hamburg  decrees  that  the 
lawful  age  for  initiation  shall  be  that  which  in  any 
country  has  been  determined  by  the  laws  of  the 
land  to  be  the  age  of  majority. t  The  Grand  Orient 
of  France  requires  the  candidate  to  be  twenty-one, 
unless  he  be  the  son  of  a  Mason,  who  has  performed 
some  important  service  to  the  Order,  or  unless  he 
be  a  young  man  who  has  served  six  months  in  the 
army,  when  the  initiation  may  take  place  at  the 
age  of  eighteen.  In  Prussia  the  required  age  is 
twenty-five.  In  England  it  is  twenty-one,  except  in 
cases  where  a  dispensation  has  been  granted  for  an 
earlier  age  by  the  Grand  or  Provincial  Grand  Mas- 
ter. In  Ireland  the  age  must  be  twenty-one,  except 
in  cases  of  dispensation  granted  by  the  Grand  Mas- 
ter or  Grand  Lodge.  In  the  United  States,  the 
usage  is  general  that  the  candidate  shall  not  be  less 
than  twenty-one  years  of  age  at  the  time  of  his  ini- 
tiation, and  no  dispensation  can  issue  for  conferring 
the  degrees  at  an  earlier  period. 

This  variety  in  the  laws  relating  to  this  subject 
conclusively  proves  that  the  precise  age  has  never 
been  determined  by  any  Landmark  of  the  Order 

*  Statuten  der  Grossloge  des  Konigreiclis  Hanover,  1839,  §  222. 
f  Constitutions  Rich  der  Grossen  Loge  zu  Hamburg,  1845,  §  459 


OF   CANDIDATES  99 

The  design  and  nature  of  the  institution  must  in 
this  case  be  our  only  guide.  The  speculative  charac- 
ter of  the  society  requires  that  none  shall  be  admit- 
ted to  its  mysteries  except  those  who  have  reached 
maturity  and  discretion  ;  but  it  is  competent  for 
any  Grand  Lodge  to  determine  for  itself  what  shall 
be  considered  to  be  that  age  of  maturity.  Perhaps 
the  best  regulation  is  that  adopted  by  the  Grand 
Lodge  of  Hamburg.  Hence  the  Masons  of  this 
country  have  very  wisely  conformed  to  the  pro- 
visions of  the  law  on  this  subject,  which  prevail  in 
all  the  States,  and  have  made  the  age  of  twenty- 
one*  the  legal  one  for  candidates  applying  for 
admission. 

"  An  old  man  in  his  dotage"  is,  like  "  a  young 
man  under  age,"  equally  incapable  of  initiation. 
The  reason  in  both  cases  is  the  same.  There  is  an 
absence  of  that  maturity  of  intellect  which  is  re- 
quired for  the  comprehension  of  our  mysteries.  In 
one  instance  the  fruit  is  still  green  ;  in  the  other,  it 
has  ripened  and  rotted,  and  is  ready  to  fall  from  the 
tree.  Dotage  may  be  technically  defined  to  be  an 
impotence  of  body  as  well  as  of  mind,  from  excess- 
ive old  age.  It  is  marked  by  childish  desires  and 
pursuits,  a  loss  of  judgment  and  memory,  and  a 
senseless  and  unconnected  garrulity  of  speech.  No 
precise  age  can  be  fixed  to  which  these  intellectual 
deficiencies  belong.  They  appear  earlier  in  some 
mental  constitutions  than  they  do  in  others.  The 

*  Twenty-one  is  the  age  of  majority  prescribed  by  the  civil  law. 


iOO  THE   QUALIFICATIONS 

Lodge  must  determine  for  itself  as  to  whether  the 
candidate  comes  within  the  limits  of  the  objection 
based  upon  his  dotage.  Fortunately,  it  is  rarely 
that  a  Lodge  or  its  committee  will  be  called  upon 
to  decide  such  questions.  Old  men  in  their  dotage 
are  not  usually  candidates  for  Masonic  initiation. 
And  however  old  an  applicant  may  be,  if  he  is  in 
the  possession  of  his  healthy  mental  faculties,  his 
age  alone  will  constitute  no  disqualification.  It  is 
not  the  number  of  his  years,  but  their  effect  on  his 
mind,  that  is  to  be  the  subject  of  investigation. 

3.  As  to  Bodily  Conformation. — There  is  no  part 
of  Masonic  jurisprudence  which  has  given  greater 
occasion  to  discussion  in  recent  years  than  that 
which  refers  to  the  bcdily  conformation  which  is 
required  of  the  candidate.  While  some  give  a 
strict  interpretation  to  the  language  of  the  ancient 
Constitutions,  and  rigorously  demand  the  utmost 
perfection  of  limbs  and  members,  there  are  others, 
more  lax  in  their  construction,  who  reject  only  such 
as  are  from  natural  deformity  or  subsequent  injury, 
unable  to  perform  the  work  of  speculative  Ma- 
sonry. In  a  controversy  of  this  kind,  the  only 
way  to  settle  the  question  is,  to  make  a  careful 
and  impartial  examination  of  the  authorities  on 
which  the  law  which  relates  to  physical  conforma- 
tion is  founded. 

The  first  written  law  that  we  find  on  this  subject 
is  contained  in  the  fifth  article  of  the  Gothic  Con 
{stitutions,  adopted  at  York,  in  the  year  926,  and  is 
in  these  words  : 


OP   CANDIDATES.  101 

"A  candidate  must  be  without  blemish,  and  ha\e  the  full 
and  proper  use  of  his  limbs  ;  for  a  maimed  man  can  do  the 
Craft  no  good."* 

The  next  enactment  is  to  be  found  in  the  Regula- 
tions of  1663,  under  the  Grand  Mastership  of  the 
Earl  of  St.  Albans,  and  is  in  these  words  : 

"  No  person  hereafter  shall  be  accepted  a  Freemason  but 
such  as  are  of  able  body." 

The  next  Regulation,  in  order  of  time,  is  that 
contained  in  "  The  Ancient  Charges  at  Makings," 
adopted  about  the  year  1686,  the  manuscript  of 
which  was  in  the  possession  of  the  Lodge  of  Anti- 
quity at  London.  It  is  still  more  explicit  than 
those  which  preceded  it,'  and  is  in  the  following 
language : 

"  That  he  that  be  made  be  able  in  all  degrees  ;  that  is,  free 
born,  of  a  good  kindred,  true,  and  no  bondsman ;  and  that 
he  have  his  right  limbs  as  a  man  ought  to  have." 

*  As  tliis  is  a  matter  of  great  importance,  I  append  the  original  langnag* 
of  this  article  of  the  Gothic,  or  Old  York  Constitutions,  as  published  by  Mr, 
Hulliwell : 

"  The  mayster  schal  not,  for  no  vantage, 

Make  no  prentes  that  ys  outrage  ; 

Hyt  ys  to  mene,  as  5e  mowe  here, 

That  he  have  hys  lymes  hole  alle  y-fere  ; 

To  the  craft  hyt  were  gret  schame, 

To  make  an  halt  mon  and  a  lame  ; 

For  an  unparfyt  mon  of  suche  blod, 

Schulde  do  the  craft  but  lytul  good. 

Thus  Je  mowe  knowe  everychon, 

The  craft  wolde  have  a  myjhty  mon ; 

A  maymed  mon  he  hath  no  my5ht, 

Je  mowe  hyt  knowe  long  5er  nySht." 


102  THE  QUALIFICATIONS 

And  lastly,  similar  declarations,  with  respect  to 
physical  ability,  are  made  in  the  Charges  approved 
in  1722,  which  are  as  follows  : 

"  No  Master  should  take  an  Apprentice  unless  he  has  suf- 
ficient employment  for  him,  and  unless  he  be  a  perfect  youth, 
having  no  maim  or  defect  in  his  body  that  may  render  him 
uncapable  of  learning  the  art  of  serving  his  Master's  lord, 
and  of  being  made  a  Brother,"  &c. 

So  far,  then,  the  ancient  Written  Law  of  Masonry 
seems  undoubtedly  to  have  contemplated  the  neces- 
sity of  perfection  in  the  physical  conformation  of 
candidates,  and  the  inadmissibility  of  all  who  had 
any  defect  of  limb  or  member.  In  the  early  part 
of  the  last  century,  this  opinion  must  have  generally 
prevailed  among  the  Craft ;  for,  in  the  second  edi 
tion  of  the  Book  of  Constitutions,  which  was  edited 
by  Dr.  Anderson,  and,  after  perusal,  approved  offi- 
cially by  such  Masons  as  Desaguliers,  Cowper  and 
Payne,  the  language  of  the  first  edition  was  so 
altered  as  to  leave  no  doubt  of  the  construction  that 
the  brethren  at  that  time  put  upon  the  clause  relat- 
ing to  physical  qualifications.  The  Charge  in  this 
second  edition  is  in  the  following  unmistakable 
words  : 

"  The  men  made  Masons  must  be  free  born,  (or  no  bond- 
men,) of  mature  ag3  and  of  good  report,  hail  and  sound,  not 
deformed  or  dismembered  at  the  time  of  their  making." 

When  the  schism  took  place  in  the  Grand  Lodge 
of  England,  in  1739,  the  Athol,  or  Ancient  Masons, 
as  they  called  themselves,  adopted  this  construction 


OF   CANDIDATES.  103 

of  the  law,  as  is  evident  from  the  fact  that,  in  their 
Book  of  Constitutions,  which  they  published  under 
the  title  of  the  "  Ahiman  Rezon,"  they  incorporated 
this  Charge,  word  for  word,  from  Anderson's  edi- 
tion of  1738.* 

From  that  time  until  very  recently,  the  same 
rigid  interpretation  has  been  given  to  the  law  of 
physical  qualifications,  as  will 'appear  from  the  fol- 
lowing analysis  of  Grand  Lodge  decisions. 

The  "Ahiman  Rezon"  of  the  Grand  Lodge  of 
Pennsylvania,  published  in  1783,  adopts  the  precise 
language  of  Anderson's  second  edition,  and  there- 
fore requires  the  candidates  to  be  "  hale  and  sound, 
not  deformed  or  dismembered  at  the  time  of  their 
making,  "f 

The  same  language  is  used  in  the  "  Ahiman  Re- 
zon"  of  North  Carolina  and  Tennessee,  published  in 
the  year  18054 

*  See  DERMOTT'S  "  Ahiman  Eezon,  or  a  Help  to  all  that  are  or  would 
be  Free  and  Accepted  Masons"  Lond.  1778,  p.  29.  Of  course  this  work, 
emanating  from  a  body  now  acknowledged  to  have  been  irregular,  can  have 
no  authority  in  Masonic  law.  I  quote  it,  however,  to  show  what  was  the 
general  feeling  of  the  Fraternity,  of  both  sides,  on  this  subject  of  physical 
qualifications.  There  was  here,  at  least,  no  difference  of  opinion. 

t  The  Ahiman  Eezon,  abridged  and  digested,  &c.  Published  by  order 
of  the  Grand  Lodge  of  Pennsylvania.  By  WILLIAM  SMITH.,  D.D.  Phila., 
1783,  p.  28. 

$  The  Ahiman  Eezon  and  Masonic  Ritual.  Published  by  order  of  the 
Grand  Lodge  of  North  Carolina  and  Tennessee.  Newbern,  1805,  p.  18.  It 
is,  in  fact,  a  quotation,  and  so  marked,  either  from  Anderson's  second  edi- 
tion, or  from  Dermott.  But  the  same  Grand  Lodge,  in  1851,  adopted  a 
qualifying  explanation,  which  admitted  maimed  or  dismembered  candidates, 
provided  their  loss  or  infirmity  would  not  prevent  them  from  making  ful' 
proficiency  in  Masonry- 


104  THE   QUALIFICATIONS 

The  "  Ahiman  Kezon"  of  South  Carolina,  pub- 
lished in  1807,  is  still  more  rigorous  in  its  phraseo- 
logy, and  requires  that  "  every  person  desiring 
admission  must  be  upright  in  body,  not  deformed  or 
dismembered  at  the  time  of  making,  but  of  hale  and 
entire  limbs,  as  a  man  ought  to  be."*  It  is  true 
that  the  Grand  Lodge  which  issued  this  work  was, 
at  the  time,  an  AtRoI  Grand  Lodge  ;  but  the  subse- 
quent editions  of  the  work,  published  after  the 
Grand  Lodge  of  South  Carolina  had  become  regu- 
lar, in  1822  and  1852,  retain  the  same  language,t 
and  the  law  has  always  been  rigidly  enforced  in 
that  jurisdiction. 

The  more  recent  opinions  of  a  great  number  of 
modern  Grand  Lodges,  or  of  the  enlightened  Masons 
who  have  composed  their  Committees  on  Corres- 
pondence, concur  in  the  decision  that  the  candidate 
for  Masonry  must  be  perfect  and  sound  in  all  his 
limbs. 

The  Grand  Lodge  of  Missouri,  in  1823,  unani- 
mously adopted  the  report  of  a  committee  of  that 
body,  which  required,  as  a  physical  qualification  of 
candidates  for  initiation,  that  they  should  be  "  sound 
in  mind  and  all  their  members  ;"  and  at  the  same 
time  a  resolution  was  enacted,  declaring  that  "  the 
Grand  Lodge  cannot  grant  a  letter  of  dispensation 

*  An  Ahiman  Eezon,  for  the  use  of  the  Grand  Lodge  of  South  Carolina. 
By  Bro.  FREDERICK  DALCHO,  M.  n.  Charleston,  1807,  p.  17. 

f  The  Ahiman  Rezon,  or  Book  of  Constitutions  of  the  Grand  Lodge  of 
A.ncient  Freemasons  of  South  Carolina.  Edited  by  ALBERT  G.  MACKEV 
M.  D.  Charleston,  1852,  p.  57. 


OF   CANDIDATES.  105 

to  a  subordinate  Lodge,  working  under  its  jurisdic 
tion,  to  initiate  any  person  maimed,  disabled,  or 
wanting  the  qualifications  established  by  ancient 
usage.* 

The  Committee  of  Correspondence  of  the  Grand 
Lodge  of  Georgia,  in  1848,  made  this  candid  ad- 
mission :  "  The  conviction  has  been  forced  upon  our 
minds,  even  against  our  wills,  that  we  depart  from 
the  ancient  Landmarks  and  usages  of  Masonry 
whenever  we  admit  an  individual  wanting  in  one 
of  the  human  senses,  or  who  is  in  any  particular 
maimed  or  deformed."t 

In  1846,  the  Grand  Master  of  the  Grand  Lodge 
of  Indiana,  in  cautioning  his  brethren  against  the 
laxity  with  which  the  regulations  relating  to  physi- 
cal and  other  qualifications  were  sometimes  inter- 
preted, remarked  as  follows '.  "Let  not  any  one 
who  has  not  all  the  qualifications  required  by  our 
Constitutions  and  Regulations,  be  admitted.  See 
that  they  are  perfect  men  in  body  and  mind."{ 

The  Grand  Lodge  of  Maryland,  in  1848,  adopted 
a  resolution  requiring  its  subordinates,  in  the  initia- 
tion of  candidates,  "  to  adhere  to  the  ancient  law, 
(as  laid  down  in  our  printed  books,)  which  says  he 
shall  be  of  entire  limbs."§ 

The  Grand  Master  of  the  Grand  Lodge  of  New 
Jersey,  (Bro.  John  P.  Lewis,)  in  his  annual  address, 

*  Proceedings  G.  L.  of  Missouri,  1823,  p.  5. 
f  Proceedings  G.  L.  of  Georgia,  1848,  p.  36. 
J  Proceedings  G.  L.  of  Ind.,  1846. 
§  Proceedings  G.  L.  of  Md.,  Nov.,  1848.- 

5* 


106  THE   QUALIFICATIONS 

in  1849,  made  the  following  very  pertinent  remarks 
on  this  subject : 

"  I  received  from  the  Lodge  at  Ashley  a  petition  to  initiate 
into  our  Order  a  gentleman  of  high  respectability,  who  un- 
fortunately has  been  maimed.  T  refused  my  assent.  .  .  . 
I  have  also  refused  a  similar  request  from  the  Lodge  of  which 
I  am  a  member.  The  fact  that  the  most  distinguished  Ma- 
sonic body  on  earth  has  iscently  removed  one  of  the  Land- 
marks, should  teach  us  to  be  careful  how  we  touch  those 
ancient  boundaries."* 

The  Grand  Lodge  of  Florida,  at  one  time,  was 
disposed  to  permit  the  initiation  of  maimed  candi- 
dates, with  certain  restrictions,  and  accordingly 
adopted  a  provision  in  its  constitution  to  that  effect ; 
but  subsequently,  to  borrow  the  language  of  Bro.  T. 
Brown,  the  Grand  Master,  "  more  mature  reflection 
and  more  light  reflected  from  our  sister  Grand 
Lodges,  caused  it  to  be  stricken  from  our  consti- 
tution.'^ 

On  the  other  hand,  there  appears  to  be  among 
some  Masons  a  strong  disposition  to  lay  aside  the 
ancient  Regulation,  or  at  least  so  to  qualify  it  as  to 
take  from  it  all  its  distinctive  signification,  and,  by 
a  qualification  of  the  clause,  to  admit  maimed  or  de- 
formed persons,  provided  that  their  maim  or  cle 
formity  be  not  of  such  a  grievous  nature  as  to 
prevent  them  from  complying  with  all  tlie  requisi- 

*  Proceedings  G.  L.  of  N.J.,  1849.  In  the  last  sentence,  he  alludes  to 
the  Grand  Lodge  of  England,  which  substituted  the  word  "  free"  for  "  fren 
born"  in  the  old  C  larges. 

t  Proc.  G.  K  oi  Fla.    Address  of  Grand  Master  Brown. 


OP    CANDIDATES.  107 

tions  of  the  Masonic  ritual.*  This  tendency  to  a 
manifest  innovation  arose  from  a  mistaken  view 
that  the  present  system  of  speculative  Masonry  is 
founded  on  one  that  was  formerly  altogether  opera- 
tive in  its  character  ;  and  that  as  the  physical 
qualifications  originally  referred  solely  to  operative 
Masons,  they  could  not  be  expected  now  to  apply 
to  the  disciples  of  an  entirely  speculative  science. 

This  opinion,  erroneous  as  it  is,  has  been  very 
well  set  forth  by  the  Committee  of  Correspondence 
of  the  Grand  Lodge  of  North  Carolina,  in  the  fol- 
lowing language  : 

"  When  Masonry  was  an  operative  institution — when  her 
members  were  a  fraternity  of  working  men — monopolizing 
the  architecture  of  the  world,  it  was  improper  to  introduce 
into  the  Fraternity  any  who  were  defective  in  limb  or  mem- 
ber ;  for  such  imperfection  would  have  prevented  them  from 
performing  the  duties  of  operative  Masons.  In  process  of 
time,  the  operative  feature  gave  place  to  the  speculative,  when 
the  reason  for  excluding  maimed  candidates  no  longer  exist- 
ing, there  was  no  impropriety  in  receiving  them,  provided 
their  deformity,  maim  or  infirmity,  was  not  of  such  a  nature 
as  to  prevent  them  from  studying  and  appreciating  specula- 
tive Masonry."f 

Again  :  in  a  similar  spirit  of  lax  observance,  and 
with  the  same  mistaken  views  of  the  origin  of  the 

*  Thus  the  Constitution  of  the  Grand  Lodge  of  Ohio  says :  "  When  the 
physical  disabilities  of  a  candidate  are  not  such  as  to  prevent  him  from  being 
initiated  into  the  several  degrees  and  mysteries  of  Freemasonry,  his  admis- 
sion shall  not  be  construed  an  infringement  of  the  ancient  Landmarks ;  but, 
on  the  contrary,  will  be  perfectly  consistent  with  the  spirit  of  the  institution.' 
—17th  Regulation. 

t  Proc.  G.  I.  of  N".  C.,  1849.    Report  of  Com.  of  Corresp.,  p.  101 


108  THE   QUALIFICATIONS 

institution,  the  Committee  of  the  Grand  Lodge  of 
Mississippi,  in  1845,  made  the  following  remarks  : 

"  Masonry  originated  in  an  age  of  the  world  comparatively 
rude  and  barbarous,  at  a  time  when  strength  of  body  was 
more  valued  than  vigor  of  intellect.  It  was  instituted  by  an 
association  of  men  united  together  for  the  prosecution  of 
physical  labors.  But  even  at  this  early  period,  their  ties  and 
obligations  were  fraternal.  This  made  them  solicitous  to 
exclude  from  the  Fraternity  all  who  were  likely  to  become 
burdensome,  rather  than  useful,  and  consequently  to  require 
that  initiates  should  be  whole  in  body  as  well  as  sound  iri 
mind.  But  the  world  has  changed,  and  Masonry  has  changed 
A  subsistence  is  now  more  easily  obtained  by  mental  endow- 
ments than  by  physical  perfection.  This  institution  has  now 
become  speculative  and  moral :  it  has  entirely  lost  its  opera- 
tive character.  The  reason  for  requiring  bodily  perfection 
in  candidates  has  ceased  to  exist. "f 

This  supposed  change  of  our  institution  from  an 
entirely  operative  to  an  entirely  speculative  charac 
ter — a  supposition  that  has  no  foundation  in  history 
or  tradition — appears  to  be  the  only  reason  that 
has  ever  been  urged  for  the  abrogation  of  an  ancient 
law,  and  the  abandonment  of  an  universal  usage. 
The  argument  has  been  repeatedly  answered  and 
overthrown  by  distinguished  Masonic  writers,  but 
never  more  ably  than  by  Bro.  Yates,  of  New  York, 
and  by  Bro,  Rockwell,  of  Georgia. 

Bro.  Giles  F.  Yatcs,  as  Chairman  of  a  Special 
Committee  of  the  Grand  Lodge  of  New  York, 
makes  the  following  admirable  remarks  on  the  pro- 

t  Proc.  G.  L.  of  Miss.,  1845,  p.  54.  Report  of  Special  Com.  The  report 
was  agreed  to. 


OF   CANDIDATES.  109 

positions  emanating  from  the  Committee  of  the 
Grand  Lodge  of  Mississippi  : 

"  Freemasonry,  in  its  original  institution,  was  not  '  formed 
by  an  association  of  men  exclusively  for  the  prosecution  of 
physical  labors.'  It  has  always  been  speculative  and  moral. 
The  secret  societies  of  antiquity,  from  which  we  can  trace  a 
lineal  descent,  were  not  devoted  exclusively  to  the  physical 
labors  attendant  upon  the  erection  of  buildings,  whether  of 
wood  or  stone.  They  were  the  depositories  of  other  arts 
and  sciences  besides  architecture.  They  moreover  taught 
sublime  truths  and  duties  towards  God  and  regarding  the 
world  to  come,  as  well  as  towards  our  neighbors,  and  the 
*  brothers  of  the  mystic  tie.'  Our  ancient  brethren  were,  in 
effect,  more  eminently  speculative  or  spiritual  than  operative 
or  practical  Masons.  Those  take  too  contracted  a  view  of 
the  subject  who  infer  that,  because  in  the  sixteenth  century 
and  previous,  the  York  architects  in  England  were  the  al- 
most exclusive  conservators  of  certain  essentials  in  our  mys- 
teries ;  therefore  the  reason  of  the  law  in  question  had 
reference  in  olden  times  to  operative  Masons  only.  The  ra- 
tionale of  the  law,  excluding  persons  physically  imperfect 
and  deformed,  lies  deeper,  and  is  more  ancient  than  the 
source  ascribed  to  it.  It  is  grounded  on  a  principle  recog- 
nized in  the  earliest  ages  of  the  world,  and  will  be  found 
identical  with  that  which  obtained  among  the  ancient  Jews. 
In  this  respect  the  Levitical  law  was  the  same  as  the  Masonic, 
which  would  not  allow  any  '  to  go  in  unto  the  veil'  who  had 
a  blemish — a  blind  man,  or  a  lame,  or  a  man  that  was  broken 
footed  or  broken  handed,  or  a  dwarf,"  &c.* 

In  the  proceedings  of  the  Grand  Lodge  of 
Georgia,  for  the  year  1852,  is  to  be  found  an  able 
report,  by  Bro.  W.  S.  Rockwe1!,  then  the  Chairman 

*  Proc.  G.  L.  of  N.  Y.,  1848,  p.  37. 


110  THE   QUALIFICATIONS 

of  the  Committee  of  Correspondence,  in  which  he 
discusses  the  question  of  the  admission  of  maimed 
candidates.  After  tracing  the  existence  of  this  law 
to  remote  antiquity,  and  finding  it  in  the  Egyptian 
and  Mosaic  rites,  he  proceeds  to  discuss  its  symbolic 
meaning  in  the  following  language  : 

"  Aside  from  the  argument  derived  from  the  letter  of  the 
law,  its  relaxation  destroys,  jr.  an  eminent  degree,  the  sym- 
bolical relation  of  the  Mason  to  his  Order.  The  writer  of 
these  views  has  often  had  occasion  to  note  the  consistent 
harmony  of  the  entire  ritual  of  the  Craft  in  considering  the 
esoteric  signification  of  its  expressive  symbols.  We  teach 
the  neophyte  that  the  wonderful  structure  which  rose  by  the 
command  of  Solomon  to  be  the  visible  dwelling  place  of  the 
God  of  Israel,  was  built  '  without  the  sound  of  axe  or  ham- 
mer, or  other  tool  of  iron  being  heard  in  the  building,'  wooden 
instruments  alone  being  used  to  fix  the  stones,  of  which  it 
was  constructed,  in  their  proper  place.  '  Stone  and  rock,1  says 
Portal,  'on  account  of  the  hardness  and  the  use  to  which 
they  were  put,  became  (among  the  Egyptians)  the  symbol 
of  a  firm  and  stable  foundation.  Relying  on  the  interpreta- 
tion of  the  Hebrew,  by  one  of  the  most  celebrated  Hebrew 
scholars  of  Germany,  we  shall  consider  the  stone  as  the  sym- 
bol of  faith  and  truth,.  Precious  stones  in  the  Bible  expressly 
bear  the  signification  of  Truth.  Of  this  the  Apocalypse 
furnishes  many  examples.  The  monuments  of  Egypt  call 
precious  stones  the  hard  stones  of  truth.  By  contrast  to  the 
signification  of  truth  and  faith,  the  stone  also  received,  in 
Egypt  and  the  Bible,  the  signification  of  error  and  impiety, 
and  was  dedicated  among  the  Egyptians  to  the  Infernal 
Spirit,  the  author  of  all  falsehood.  The  stone  specially  con- 
secrated to  Setli  or  Typhon,  the  Infernal  Deity,  was  the  cut 
stone  ;  and  this  species  of  stone  received,  in  the  language  of 
the  monuments,  the  name  of  Seth  (Satan).  The  symbol  of 
Truth  was  the  hard  stone ;  that  of  Error,  the  soft  stone,  which 


OF   CANDIDATES.  Ill 

could  be  cut.'  The  same  symbolism  appears  to  have  existed 
among  the  Hebrews :  '  If  thou  wilt  make  me  an  altar  of  stone, 
thou  shalt  not  build  it  of  hewn  stone,'  was  the  command  of 
Jehovah  ;  '  for  if  thou  lift  thy  tool  upon  it,  thou  hast  polluted 
it.'  (Ex.  xx.  25.)  '  Thou  shalt  build  the  altar  of  the  Lord 
thy  God  of  whole  stones'  (Deut.  xxvii.  4.)  That  is,  unhewn 
stones,  and  of  whole  stones,  (literally  perfect  stones),  trans- 
lated in  our  version, '  of  stones  made  ready  before  it  was 
brought  thither,'  did  Solomon  build  the  Holy  of  Holies.  It 
was  eminently  proper  that  a  temple  erected  for  the  worship 
of  the  GOD  of  TRUTH,  the  unchangeable  I  AM,  should  be  con- 
structed of  whole  stones,  perfect  stones,  the  universally 
recognized  symbols  of  this  his  great  and  constant  attribute. 
The  symbolic  relation  of  each  member  of  the  Order  to  its 
mystic  temple,  forbids  the  idea  that  its  constituent  portions, 
its  living  stones,  should  be  less  perfect,  or  less  a  type  of 
their  great  original,  than  the  inanimate  material  which  formed 
the  earthly  dwelling  place  of  the  God  of  their  adoration. 
We,  the  successors  of  those  who  received  their  initiatory 
rites  at  the  hands  of  Moses  and  Solomon,  received  also,  with 
this  inestimable  inheritance,  the  same  symbols,  and  with  the 
same  expressive  signification. 

"  Enough  has  been  said  to  show  at  how  remote  a  period  in 
the  history  of  Masonry  this  important  Landmark  was  erected. 
Can  man,  in  his  short-sighted  notions  of  convenience,  vary 
its  meaning? — can  a  Mason,  the  solemnly  installed  Master  of 
a  Lodge  of  his  brethren  and  equals,  consistent  with  the  obli- 
gations he  has  voluntarily  imposed  upon  himself,  remove  it 
from  its  place  ?"* 

With  this  thorough  view  of  the  historical  and 
symbolical  reasons  upon  which  the  ancient  usage  ia 
founded,  it  is  astonishing  that  any  Grand  Lodge 
should  have  declared  that  when  the  maim  or  defect 

*  Proc  G.  T,.of  Geo.,1852. 


112  THE  QUALIFICATIONS 

is  not  such  as  to  prevent  the  candidate  from  coin' 
plying  with  the  ritual  ceremonies  of  Masonry,  he 
may  be  initiated.*  No  such  qualifying  clause  is  to 
be  found  in  any  of  the  old  Constitutions.  Such  a 
liberal  interpretation  would  give  entrance  in  many 
Lodges  to  candidates  who,  though  perhaps  in  pos- 
session of  their  legs  and  arms,  would  still  be  marked 
with  some  other  of  those  blemishes  and  deformities 
which  are  expressly  enumerated  by  Moses  as  causes 
of  exclusion  from  the  priesthood,  and  would  thus 
utterly  subvert  the  whole  symbolism  of  the  law.t 
It  cannot  be  obeyed  in  a  half  way  manner.  If  ob- 
served at  all,  (and  the  omission  to  observe  it  would 
be  an  innovation,)  it  must  be  complied  with  to  the 
letter.  In  the  language  of  Dr.  Clarke,  a  portion 
of  whose  remarks  have  been  quoted  by  Bro.  Rock- 
well, the  law  excluding  a  man  having  any  blemishes 
or  deformities,  is  "  founded  on  reason,  propriety, 

*  Thus,  Bro.  H.  W.  WALTER,  the  D.  G.  M.  of  the  Grand  Lodge  of  Missis- 
sippi in  1845,  says  :  "  We  may  safely  conclude  that  a  loss  or  partial  depriva- 
tion of  those  physical  organs  which  minister  alone  to  the  action  of  the  body, 
do  not  disqualify ;  but  that  the  loss  of  those  upon  which  the  mind  depends 
for  its  ideas  of  external  objects,  certainly  would." — Proc.  G.  L.  of  Miss., 
1845,  p.  12.  I  quote  this  very  singular  opinion  simply  to  show  into  what  in- 
extricable confusion  we  are  likely  to  be  led,  the  instant  we  begin  to  make  a 
compromise  between  the  stern  dictates  of  the  law  and  the  loose  interpreta- 
tions of  expediency.  Under  this  construction  a  deaf  man  could  not  be  initia- 
ted, but  one  with  both  legs  amputated  at  the  hip  joint  could. 

t  "  We  consider  this  construction  altogether  gratuitous,  and  a  grave  objec- 
tion to  it  is  its  indefiniteness  for  all  practical  purposes.  If  the  interpretation 
be  correct,  it  may  pertinently  be  asked,  what  degree  of  disability  must  be 
established — a  quarter,  half,  three-fourths,  or  total  ?  There  is  no  such  con- 
dition or  proviso  to  the  rule  in  question  laid  down  in  the  Book  of  Constitu 
lions."- -GILES  P.  YATES,  Special  Report  to  G.  L.  of  N.  Y.,  1845,  p.  37 


OP   CANDIDATES.  113 

common  sense,  and  absolute  necessity."  Moreover, 
in  Masonry,  it  is  founded  on  the  Landmarks,  and  is 
illustrative  of  the  symbolism  of  the  Order,  and 
will,  therefore,  admit  of  no  qualifications.  The 
candidate  for  initiation  "  must,"  to  use  the  language 
of  the  Gothic  Constitutions  of  926,  "  be  without 
blemish,  and  have  the  full  and  proper  use  of -his 
limbs." 

It  is  usual,  in  the  most  correct  rituals  of  the  third 
degree,  especially  to  name  eunuchs,  as  being  incap- 
able of  initiation.  In  none  of  the  old  Constitutions 
and  Charges  is  this  class  of  persons  alluded  to  by 
name,  although  of  course  they  are  comprehended 
in  the  general  prohibition  against  making  persons 
who  have  any  blemish  or  maim.  However,  in  the 
Charges  which  were  published  by  Dr.  Anderson,  in 
his  second  edition,  they  are  included  in  the  list  of 
prohibited  candidates.*  It  is  probable  from  this 
that  at  that  time  it  was  usual  to  name  them  in  the 
point  of  the  OB.  referred  to  ;  and  this  presump- 
tion derives  strength  from  the  fact  that  Dermott,  in 
copying  his  Charges  from  those  of  Anderson's 
second  edition,  added  a  note  complaining  of  the 
"  moderns"  for  having  disregarded  this  ancient  law, 
in  at  least  one  instance.'!*  The  question  is,  how- 

*  "  The  men  made  Masons  must  be  free  born,  (or  no  bondmen,)  of  mature 
age,  and  of  good  report,  hale  and  sound,  not  deformed  or  dismembered  at 
the  time  of  their  making.    But  no  woman,  no  eunuch." — ANDERSON,  second 
edition,  p.  144.    The  Grand  Lodge  of  New  York  has  incorporated  this  clause 
into  its  Constitution  :  §  8,  par.  9.    It  is  also  found  in  the  "  Ahiman  Rezon" 
of  South  Carolina,  and  some  other  States. 

*  DERMOTT  says,  in  the  note  referred  to  :  '  This  is  still  the  law  of  ancien* 


il4  THE   QUALIFICATIONS 

ever,  not  worth  discussion,  except  as  a  matter  of 
ritual  history,  since  the  legal  principle  is  already 
determined  that  eunuchs  cannot  be  initiated  because 
they  are  not  perfect  men,  "  having  no  maim  or  de- 
fect in  their  bodies." 

Mental  Qualifications. 

The  ancient  Constitutions  are  silent,  except  per- 
haps by  implication,  on  tne  subject  of  the  mental 
qualifications  of  candidates  ;  and  we  are  led  to  our 
conclusions  simply  by  a  consideration  of  the  charac- 
ter of  the  institution  and  by  the  dictates  of  common 
sense,  as  to  who  are  capable  of  appreciating  the 
nature  of  our  system,  for  they  alone,  it  is  to  be  sup- 
posed, are  competent  to  become  its  disciples.  The 
question  which  is  first  to  be  answered  is,  what 
amount  of  talent  and  of  mental  cultivation  are 
necessary  to  qualify  a  person  for  initiation  ? 

Dr.  Oliver  tells  us  that  Masonry  is  an  order  "  in 
which  the  pleasing  pursuits  of  science  are  blended 
with  morality  and  virtue  on  the  one  hand,  and  be- 
nevolence and  charity  on  the  other."  And  Lawrie 
declares  that  its  object  is  "  to  inform  the  minds  of 
its  members  by  instructing  them  in  the  sciences  and 
useful  arts."  Smith,  Hutchinson,  Preston,  and  other 
more  recent  writers,  all  concur  in  giving  a  scientific 
and  literary  character  to  the  institution. 

Masons,  though  disregarded  by  our  brethren,  (I  mean  our  sisters)  the  mo- 
dem Masons,  who  (some  years  ago)  admitted  Signor  SINGSONG,  the  eunuch, 
T~Ld-ci,at  one  of  their  Lodges  in  the  .Strand,  London.  And  upon  a  late 
trial  at  Westminster,  it  appeared  that  they  admitted  a  woman  calle^  Madam 
D'E ."  >.-DERIIOTT,  Ahiman  Rezon,  p.  29. 


OP    CANDIDATES.  115 

It  docs  not,  however,  follow  from  this  that  none 
but  scientific  and  literary  men  are  qualified  to  bo 
made  Masons.  To  become  a  master  of  Masonic 
science — to  acquire  the  station  of  a  "  teacher  in 
Israel" — it  is  certainly  necessary  that  there  should 
be  first  laid  a  foundation  of  profane  learning,  on 
which  the  superstructure  of  Masonic  wisdom  is  to 
be  erected.  But  all  Masons  cannot  expect  to  reach 
this  elevated  point ;  very  few  aspire  to  it ;  and 
there  must  still  remain  a  great  mass  of  the  Frater- 
nity who  will  be  content  with  the  mere  rudiments 
of  our  science.  But  even  to  these,  some  prepara- 
tory education  appears  to  be  necessary.  A  totally 
ignorant  man  cannot  be  even  a  "  bearer  of  burdens" 
in  the  temple  of  Masonry. 

The  modern  Constitutions  of  the  Grand  Lodge 
of  England  are  explicit  on  this  subject  ;  for,  in  de- 
scribing the  qualifications  of  a  candidate,  they  say 
that  "  he  should  be  a  lover  of  the  liberal  arts  and 
sciences,  and  must  have  made  some  progress  in  one 
or. other  of  them."  This  rule,  however,  it  is  well 
known,  is  constantly  disregarded  ;  and  men  with- 
out any  pretensions  to  liberal  education  are  con 
stantly  initiated  in  England. 

In  a  note  to  this  clause  of  the  Constitution,  it  is 
added,  that  "  any  individual  who  cannot  write,  is 
consequently  ineligible  to  be  admitted  into  the 
Order."  This  rule  is  perhaps  more  rigorously  ob- 
served than  the  other  ;  and  yet  I  have  known  a  few 
instances  in  which  men  incapable  of  writing  have 
been  initiated.  And  it  was  in  reference  to  a  fact 


116  THE   QUALIFICATIONS 

.of  this  kind  that  the  Grand  Lodge  of  South  Caro- 
lina, in  1848,  declared  that  though  "  there  is  no  in- 
junction in  the  ancient  Constitutions  prohibiting 
the  initiation  of  persons  who  are  unable  to  read  or 
write  ;  yet,  as  speculative  Masonry  is  a  scienti- 
fic institution,  the  Grand  Lodge  would  discourage 
the  initiation  of  such  candidates  as  highly  inex- 
pedient." 

It  may  be  said  in  reply,  that  in  the  early  days  of 
Freemasonry,  the  arts  of  reading  and  writing  were 
not  generally  disseminated  among  the  masses  of  the 
people,  and  that  in  all  probability  the  great  ma- 
jority of  the  Craft  were  not  in  possession  of  those 
literary  qualifications.  But  this  latter  statement  is 
a  gratuitous  assumption ,  of  the  correctness  of  which 
we  have  no  proof.  On  the  contrary,  we  find 
throughout  all  our  ancient  Regulations,  that  a  dis- 
tinction was  made  by  our  rulers  between  the  Free- 
masons and  those  who  were  not  free,  indicating 
that  the  former  were  of  a  superior  class  ;  and  may 
we  not  suppose  that  a  rudimentary  education  formed 
a  part  at  least  of  that  claim  to  superiority  ?  Thus, 
in  the  conclusion  of  the  fifth  chapter  of  the  Charges, 
approved  in  1722,  it  is  said  :  "  No  laborer  shall  be 
employed  in  the  common  work  of  Masonry,  nor 
shall  Freemasons  work  with  those  who  are  not  free, 
without  an  urgent  necessity." 

But,  exclusive  of  the  written  law  upon  the  sub- 
ject, which  perhaps  was  silent,  because  it  deemed 
so  evident  and  uniformly  observed  a  regulation  un- 
necessary to  be  written,  we  are  abundantly  taught 


OP   CANDIDATES.  117 

by  tne  nature  of  the  institution,  as  exemplified  in  its 
ritual,  that  persons  who  cannot  read  and  write  are 
ineligible  for  initiation.  In  the  first  degree,  a  test 
is  administered,  the  offering  of  which  would  be 
manifestly  absurd,  if  the  person  to  whom  it  was 
offered  could  neither  read  nor  write  ;  and  in  the 
presentation  of  the  letter  G,  and  all  the  instructions 
on  that  important  symbol,  it  must  be  taken  for 
granted  that  the  candidate  who  is  invested  with 
them  must  be  acquainted  with  the  nature  and  power 
of  letters. 

Idiots  and  madmen,  although  again  the  written 
law  is  silent  upon  the  subject,  are  excluded  by  the 
ritual  law  from  initiation,  and  this  from  the  evident 
reason  that  the  powers  of  understanding  are  in  the 
one  instance  absent,  and  in  the  other  perverted,  so 
that  they  are  both  incapable  of  comprehending  the 
principles  of  the  institution,  and  are  without  any 
moral  responsibility  for  a  violation  or  neglect  of  its 
duties. 

It  has  sometimes  been  mooted  as  a  question, 
whether  a  person,  having  once  been  insane,  and  then 
restored  to  health,  is  admissible  as  a  candidate. 
The  reply  to  the  question  depends  on  the  fact 
whether  the  patient  has  been  fully  restored  or  not. 
If  he  has,  he  is  no  longer  insane,  and  does  not  come 
within  the  provisions  of  the  law,  which  looks  only 
to  the  present  condition,  mental,  physical  or  moral, 
of  the  candidate.  If  he  has  not,  and  if  his  apparent 
recovery  is  only  what  medical  men  call  a  lucid  in- 
terval, then  the  disease  of  insanity,  although  not 


118  THE  QUALIFICATIONS 

actually  evident,  is  still  there,  but  dormant,  and  the 
individual  cannot  be  initiated.  This  is  a  matter 
the  determination  of  which  is  so  simple,  that  I 
should  not  have  even  alluded  to  it,  were  it  not  that 
it  was  once  proposed  to  me  as  a  question  of  Masonic 
law,  which  the  Lodge  proposing  it  had  not  been 
able  satisfactorily  to  solve. 

Political  Qualifications. 

The  political  qualifications  of  candidates  are  those 
which  refer  to  their  position  in  society.  To  only 
one  of  these  do  any  of  the  ancient  Constitu- 
tions allude.  We  learn  from  them  that  the  can- 
didate for  the  mysteries  of  Masonry  must  be  "  free 
born." 

As  far  back  as  the  year  926,  this  Regulation  was 
in  force  ;  for  the  Old  York  or  Gothic  Constitutions, 
which  were  adopted  in  that  year,  contain  the  fol- 
lowing as  the  fourth  article  : 

"  The  son  of  a  bondman  shall  not  be  admitted  as  an  Ap- 
prentice, lest,  when  he  is  introduced  into  the  Lodge,  any  of 
the  brethren  should  be  offended." 

Subsequently,  in  the  Charges  approved  in  1722,  it 
is  declared  that  "  the  persons  admitted  members  of 
a  Lodge  must  be  free  born."  And  there  never  has 
been  any  doubt  that  this  was  the  ancient  law  and 
usage  of  the  Order. 

In  the  ancient  Mysteries,  which  are  generally  sup- 
posed to  be  the  prototype  of  the  Masonic  institution, 
a  similar  law  prevailed  ;  and  no  slave,  or  mar 


OF   CANDIDATES.  119 

In  slavery,  although  afterwards  manumitted,  could 
be  initiated.* 

The  reason  assigned  in  the  old  York  Constitu- 
tions for  this  Regulation,  does  not  appear  to  be  the 
correct  one. 

.Slaves  and  persons  born  in  servitude  are  not 
initiated,  because,  in  the  first  place,  as  respects 
the  former  class,  their  servile  condition  renders 
them  legally  incapable  of  making  a  contract ;  in 
the  second  place,  because  the  admission  of  slaves 
among  freemen  would  be  a  violation  of  that  social 
equality  in  the  Lodge  which  constitutes  one  of  the 
Landmarks  of  Masonry  ;  and  in  the  third  place,  as 
respects  both  classes — the  present  slave  and  the 
freedman  who  was  born  in  slavery — because  the 
servile  condition  is  believed  to  be  necessarily  accom- 
panied by  a  degradation  of  mind  and  an  abasement 
of  spirit  which  unfit  them  to  be  recipients  of  the 
sublime  doctrines  of  Freemasonry.  It  is  in  view 
of  this  theory  that  Dr.  Oliver  has  remarked,  that 
"  children  cannot  inherit  a  free  and  noble  spirit  ex- 
cept they  be  born  of  a  free  woman."  And  the 
ancient  Greeks,  who  had  much  experience  with  this 
class  of  beings,  were  of  the  same  opinion  ;  for  they 
coined  a  word,  dw^ofpeteia,  or  slave  manners,  to  desig- 
nate any  great  impropriety  of  manners,  because  such 

*  "  The  requisites  for  initiation  were,  that  a  man  should  be  a  free  born 
denizen  of  the  country,  as  well  as  of  irreproachable  morals.  Heace,  neither 
slaves  nor  foreigners  could  be  admitted  to  the  peculiar  mysteries  of  any  na- 
tion, because  the  doctrines  were  considered  of  too  much  value  to  be  entrusted 
to  the  custody  of  those  who  had  no  interest  in  the  general  welfare  of  the 
community." — OLIVER,  Landmarks,  vol.  i.  p.  110. 


120  THE   QUALIFICATIONS 

conduct  was  supposed  to  characterize  the  helots,  or 
slaves. 

But  Masonic  writers  have  also  given  a  less  prac- 
tical reason,  derived  from  the  symbolism  of  the 
Order,  for  the  restriction  of  the  right  of  initiation 
to  the  free  born.  It  is  in  this  way  supposed  that 
the  Regulation  alludes  to  the  two  sons  of  Abraham — • 
Isaac,  by  his  wife  Sarah,  and  Ishmael,  by  his  bond- 
woman, Hagar.  This  is  the  explanation  that  was 
given  in  the  old  Prestonian  Lectures  ;*  but  I  am  in- 
clined to  believe  that  the  practical  reason  is  the 
best  one.  The  explanation  in  the  Lectures  was  de- 
rived from  the  usage,  for  the  latter  certainly  long 
preceded  the  former. 

The  Regulations  of  the  Grand  Lodge  of  England 
carry  this  idea  of  freedom  of  action  to  its  fullest 
extent,  and  declare  that  "  it  is  inconsistent  with  the 
principles  of  Masonry  for  any  Freemason's  Lodge 
to  be  held  for  the  purposes  of  making,  passing,  or 
raising  Masons  in  any  prison  or  place  of  confine- 
ment." This  resolution  was  adopted  in  consequence 
)f  a  Lodge  having  been  held  in  1782,  in  the  King's 

*  Thus  the  oid  English  Lectures  speak  of"  that  grand  festival  which  Abra- 
am  made  at  the  weaning  of  his  son  Isaac,  when  Sarah,  seeing  Ishmael,  the 
Bon  of  Hagar,  the  Egyptian  bondwoman,  mocking,  teazing  and  perplexing 
her  son,  (and  fearing,  if  they  were  brought  up  together,  that  Isaac  might  im- 
bibe some  of  Ishmael's  slavish  principles,)  she  remonstrated  with  Abraham 
Baying,  '  Put  away  this  bondwoman  and  her  son,  for  such  shall  not  inherit 
with  our  free  born.'  Besides,  she  well  knew,  by  Divine  inspiration,  that  from 
Isaac's  loins  would  spring  a  great  and  mighty  people,  who  would  serve  the 
Lord  with  freedom,  fervency  and  zeal ;  and  it  is  generally  remarked,  even 
at  this  time,  that  the  minds  of  slaves  are  less  enlightened  than  those  of  the 
free  born." 


OF   CANDIDATES.  121 

Bench  prison.  No  such  Regulation  has  ever  been 
adopted  in  this  country,  perhaps  because  there  has 
been  no  occasion  for  it.  The  ancient  Constitutions 
are  also  silent  upon  the  subject ;  but  there  seems  little 
reason  for  doubting  the  correctness  of  the  sentiment 
that  Lodges  should  only  be  held  in  places  where  the 
utmost  freedom  of  ingress  and  egress  prevails. 

A  few  years  ago,  the  Grand  Lodge  of  England 
undertook  to  change  the  language  of  the  old 
Charges,  and  to  interpolate  the  word  "free"  for 
4<  free  born,"  by  which  means  manumitted  slaves,  the 
children  of  bondwomen,  were  rendered  eligible  for 
initiation.  This  unwarranted  innovation,  which  was 
undoubtedly  a  sacrifice  to  expediency,  has  met  with 
the  general  condemnation  of  the  Grand  Lodges  of 
this  country. 

We  conclude  this  chapter  on  the  qualifications  of 
candidates  with  this  summary : — The  person  who 
desires  to  be  made  a  Mason  must  be  a  man* — no 
woman  nor  eunuch  ;f  free  born  ;J  neither  a  slave 
nor  the  son  of  a  bondwoman  ;  a  believer  in  God 
and  a  future  existence  ;§  of  moral  conduct  ;||  capable 
of  reading  and  writing  ;Tf  not  deformed  or  dismem- 
bered, but  hale  and  sound  in  his  physical  conforma- 
tion, having  his  right  limbs,  as  a  man  ought  to  have.** 

*  Ch3?gesof  1722,  No.  iii. 

f  Deduced  from  analogy  and  from  ANDERSON'S  second  edit.,  p.  144. 

•j:  Old  York  Constitutions,  art.  4,  and  all  subsequent  Constitutions. 

§  Charges  of  1722  and  Landmarks  19  and  20,  ante  p.  32. 

||  Charges  of  1722,  No.  iii. 

IT  Deduced  from  ritual  observances  and  the  nature  of  the  institution^ 

**  Regulations  of  1663,  No.  ii. 

6 


CHAPTEE    II. 
^petition  of 


A  CANDIDATE,  qualified  in  the  way  described  ic 
the  preceding  chapter,  and  being  desirous  of  admis- 
sion into  the  Order,  must  apply  to  the  Lodge  near- 
est to  his  place  of  residence,  by  means  of  a  petition 
signed  by  himself,  and  recommended  by  at  least  two 
members  of  the  Lodge  to  which  he  applies. 

This  is  the  simple  statement  of  •  the  law  ;  but 
there  are  several  points  in  it  which  require  further 
consideration. 

In  the  first  place,  he  must  apply  by  written  peti- 
tion. No  verbal  nomination  of  a  candidate  will  be 
sufficient.  The  petition  must  be  written,  because  it 
is  to  be  preserved  by  the  Secretary  in  the  archives 
of  the  Lodge,  as  an  evidence  of  the  fact  of  applica- 
tion, which,  in  the  event  of  a  rejection  of  the  appli- 
cant, or,  as  he  is  more  usually  called,  the  petitioner 
may  become  of  some  importance.  The  form  of  the 
petition  is  also  to  be  attended  to.  I  am  not  of  the 
opinion  that  a  oetition,  drawn  up  in  a  form  differ- 
ent from  that  usually  adopted,  would  be  liable  to 
rejection  for  a  want  of  formality  ;  and  yet,  as  ex 
perience  has  caused  a  particular  form  to  be  adopted, 


THE  PETITION   OF   CANDIDATES.  128 

it  is  better  and  more  convenient  that  that  form 
should  be  adhered  to.  The  important  and  essential 
points  of  the  petition  are,  that  it  shall  declare  the 
place  of  residence,  the  age,  and  the  occupation  of 
the  petitioner.*  These  declarations  are  made  that 
the  committee  to  whom  the  petition  is  to  be  re- 
ferred for  inquiry,  may  be  materially  assisted  in 
their  investigations  by  this  identification  of  the 
petitioner. 

The  petition  must  be  signed  in  the  handwriting 
of  the  petitioner.  This  appears  to  be  the  general 
usage,  and  has  the  sanction  of  all  ritual  writers.t 
The  Grand  Lodge  of  England  expressly  requires  it 
to  be  done,J  and  assigns,  in  its  Constitutions,  as  a 
necessary  deduction  from  the  requisition,  that  those 

*  The  form  laid  down  by  WEBB,  in  his  "  Freemason's  Monitor,"  is  that 
usually  adopted  in  this  country,  and  is  unobjectionable  for  brevity  and  suf- 
ficiency. It  is  in  these  words : 

"  To  the  Worshipful  Master,  Wardens  and  Brethren  of Lodge,  No.- 

of  Free  and  Accepted  Masons. 

"  The  petition  of  the  subscriber  respectfully  sheweth,  that  having  long 
entertained  a  favorable  opinion  of  your  ancient  institution,  he  is  desirous  of 
being  a  member  thereof,  if  found  worthy. 

"  His  place  of  residence  is ;  his  age, years  ;  his  occupa- 
tion    [Signed] 

"  A.  B." 

t  "  The  declaration  to  be  assented  to  by  every  candidate  previous  to  ini- 
tiation, and  to  be  subscribed  by  his  name  at  full  length." — PRESTON,  OL  ed., 
p.  32.  "  All  applications  for  initiations  should  be  made  by  petition  in  writ- 
ing, signed  by  the  applicant."— WEBB,  p.  31.  "  Every  person  .... 
shall  be  proposed  by  a  member,  in  writing,  which  shall  be  signed  by  the  can- 
didate."— DALCHO,  p.  31.  '•  The  candidate is  required  to 

sign  the  following  form  of  petition." — DOVE,  Masonic  Text  Book,  p.  150. 
But  it  is  unnecessary  to  multiply  quotations. 

J  "  He  must,  previous  to  his  initiation,  subscribe  his  name  at  full  length  tc 
a  declaration."—  Constitutions  of  the  G.  L.  of  England,  ed.  1845,  p.  86. 


124:  THE  PETITION 

vdio  cannot  write  are  ineligible  for  initiation.* 
Much  carelessness,  however,  exists  in  relation  to 
this  usage,  and  it  is  by  no  means  an  uncommon 
practice  for  a  member  to  sign  a  petition  on  behalf 
and  at  the  request  of  the  petitioner.  This  practice 
is,  nevertheless,  to  be  condemned.  The  signature 
should  always  be  made  by  the  applicant  himself. 
In  this  way,  if  there  were  no  other  good  reason,  we 
should  at  least  avoid  the  intrusion  of  wholly  unedu 
cated  persons  into  the  fraternity. 

The  petition  must  be  recommended  by  at  least 
two  members  of  the  Lodge.  Preston  requires  the 
signature  to  be  witnessed  by  one  person,  (he  does 
not  say  whether  he  must  be  a  member  of  the  Lodge 
or  not,)  and  that  the  candidate  must  be  proposed  in 
open  Lodge  by  a  member. t  Webb  says  that  "  the 
candidate  must  be  proposed  in  form,  by  a  member 
of  the  Lodge,  and  the  proposition  seconded  by 
another  member.7^  Cross,  whose  "  Masonic  Chart" 
gradually  superseded  that  of  Webb  in  this  country, 
(principally  on  account  of  its  numerous  illustra- 
tions, for  otherwise  it  is  an  inferior  work,)  says  that 
a  recommendation,  the  form  of  which  he  gives,  "  is 
to  be  signed  by  two  members  of  the  Lodge, "§  and 
he  dispenses  with  the  formal  proposition.  These 
gradual  changes,  none  of  them,  however,  substan- 

*  In  a  note  to  the  Constitutions,  as  above  cited,  it  is  added  :  "  Any  indi« 
vidual  who  cannot  write  is  consequently  ineligible  to  be  admitted  into  the 
Order." 

t  PRESTON,  "  Illustrations,"  p.  32. 

$  WEBB,  "  Monitor,"  p.  32. 

§  CROSS.  "  True  Masonic  Chart,"  p.  13. 


OF   CANDIDATES.  125 

tially  affecting  the  principle,  have  at  last  resulted  in 
the  present  simpler  usage,  which  is,  for  two  mem- 
bers of  the  Lodge  to  affix  their  names  to  the  peti- 
tion, as  recommenders  of  the  applicant. 

The  application  must  be  made  to  the  Lodge 
nearest  the  candidate's  place  of  residence.  This  is 
now  the  general  usage  in  this  country,  and  may  be 
considered  as  Masonic  custom  by  almost  universal 
consent.  It  must,  however,  be  acknowledged,  that 
no  express  law  upon  this  subject  is  to  be  found 
either  in  the  Ancient  Landmarks  or  the  Old  Consti- 
tutions, and  its  positive  sanction  as  a  law  in  any 
jurisdiction,  must  be  found  in  the  local  enactments 
of  the  Grand  Lodge  of  that  jurisdiction.  Still 
there  can  be  no  doubt  that  expediency  and  justice  to 
the  Order  make  such  a  regulation  necessary,  be- 
cause it  is  only  in  the  neighborhood  of  his  own  resi- 
dence that  the  character  of  a  candidate  can  be 
thoroughly  investigated  ;  and  hence,  if  permitted  to 
apply  for  initiation  in  remote  places,  there  is  danger 
that  unworthy  persons  might  sometimes  be  intro 
duced  into  the  Lodges.  Accordingly,  many  of  the 
Grand  Lodges  of  America  have  incorporated  such 
a  regulation  into  their  Constitutions,*  and  of  course. 


*  "  Subordinate  Lodges  shall  not  receive  a  petition  for  initiation  from  at. 
applicant  who  lives  nearer  to  another  Lodge  than  the  one  he  petitions,  with- 
out first  obtaining  the  unanimous  consent  of  the  other  Lodge  at  a  regular 
meeting." — Grand  Lodge  of  Illinois.  "  No  candidate  shall  be  received  in 
any  Lodge  but  the  one  nearest  his  residence/' — G.  L.  of  Ohio.  California 
requires  the  applicant  to  have  resided  in  the  state  for  twelve  months,  and  ir. 
the  jurisdiction  of  the  Lodge  for  three  months.  Nearly  all  the  Grand  Io4g>i 
have  made  a  similar  regulation. 


12t)  THE   PETITION 

wherever  this  has  been  done,  it  becomes  a  positive 
law  in  that  jurisdiction. 

As  a  corollary  to  this  last  mentioned  regulation, 
ii  follows,  that  a  non-resident  of  a  state  is  not  en- 
titled, on  a  temporary  visit  to  that  state,  to  apply 
for  initiation.  But  on  this  point  I  speak  with  much 
hesitation,  for  I  candidly  confess  that  I  find  no 
Landmark  nor  written  law  in  the  Ancient  Constitu- 
tions which  forbids  the  initiation  of  non-residents. 
Still,  as  there  can  be  no  question  that  the  conferring 
of  the  degrees  of  Masonry  on  a  stranger  is  always 
inexpedient,  and  frequently  productive  of  injury 
and  injustice,  by  foisting  on  the  Lodges  near  the 
candidate's  residence  an  unworthy  and  unacceptable 
person,  whose  only  opportunity  of  securing  admis- 
sion into  the  Order  was  by  offering  himself  in  a 
place  where  the  unworthiness  of  his  character  was 
unknown,  there  has  consequently  been,  within  the 
last  few  years,  a  very  general  disposition  among 
the  Grand  Lodges  of  this  country  to  discountenance 
the  initiation  of  non-residents.  Many  of  them  have 
adopted  a  specific  regulation  to  this  effect,  and  in 
all  jurisdictions  where  this  has  been  done,  the  law 
becomes  imperative  ;  for,  as  the  Landmarks  are 
entirely  silent  on  the  subject,  the  local  regulation  is 
left  to  the  discretion  of  each  jurisdiction. 

But  a  few  Grand  Lodges  have  extended  their 
regulations  on  this  subject  to  what  I  cannot  but 
conceive  to  be  an  indefensible  limit,  and  declared, 
that  residents  of  their  own  jurisdiction,  who  have 
time  been  initiated  in  foreign  states,  shall  be 


OF   CANDIDATES.  127 

deemed  to  be  illegally  or  clandestinely  made,  and 
shall  not,  on  their  return  home,  be  admitted  to  the 
rights  of  Masonry,  or  be  recognized  as  Masons. 

This  regulation,  I  have  said,  is  indefensible,  be- 
cause it  is  exercising  jurisdiction,  not  simply  over 
Lodges  and  Masons,  but  also  over  the  profane,  for 
which  exercise  of  jurisdiction  there  is  and  can  be 
no  authority.  The  Grand  Lodge  of  Missouri,  for 
instance,  may  declare  whom  its  Lodges  may,  and 
whom  they  may  not  initiate,  because  every  Grand 
Lodge  has  supreme  jurisdiction  over  its  subordi- 
nates ;  but  it  cannot  prescribe  to  a  profane  that  he 
shall  not  be  initiated  in  the  State  of  New  York,  if 
the  Grand  Lodge  of  that  state  permits  one  of  its 
subordinates  to  receive  him,  because  this  would  be 
exercising  jurisdiction,  not  only  over  a  Lodge  in 
another  state,  but  over  persons  who  are  not  mem- 
bers of  the  craft.  If  the  Grand  Lodge  of  New 
York  should  permit  the  initiation  of  non-residents, 
there  is  no  authority  to  be  found  in  the  Landmarks 
or  Constitutions  of  the  Order  under  which  the 
Grand  Lodge  of  Missouri  could  claim  to  interfere 
with  that  regulation,  or  forbid  an  uninitiated  citizen 
of  St.  Louis  from  repairing  to  New  York  and  ap- 
plying for  initiation.  Missouri  may  declare  that  it 
will  not  initiate  the  residents  of  New  York,  but 
it  cannot  compel  New  York  to  adopt  a  similar 
rule. 

Well,  then,  if  New  York  has  the  power  of  enact- 
ing a  law  permitting  the  initiation  of  non-residents, 
or  if,  which  is  the  same  thing,  she  has  enacted  no 


128  THE   PETITION 

law  forbidding  it,  then  clearly  such  initiation  is 
legal  and  regular,  and  the  non-residents  so  made 
must  everywhere  be  considered  as  regular  Masons, 
entitled  to  all  the  rights  and  privileges  of  the  fra- 
ternity.* The  Grand  Lodge  of  Missouri,  then,  (to 
follow  up  the  special  reference  with  which  this 
argument  was  commenced,)  cannot,  under  any  color 
of  law  or  reason,  deny  the  validity  of  such  making, 
or  refuse  the  rights  of  Masonry  to  a  candidate  so 
made.  How,  then,  it  will  be  asked,  is  the  evil  to 
be  remedied,  when  an  unworthy  person,  temporarily 
removing  from  his  own  home  for  that  very  purpose, 
shall  have  applied  to  a  distant  Lodge  in  another 
jurisdiction,  and  which,  in  ignorance  of  his  true 
character,  shall  have  admitted  him  ?  The  answer 
is  plain.  On  his  return  to  his  usual  residence,  as  a 
Mason,  he  comes  at  once  under  the  jurisdiction  of 
the  nearest  Lodge  ;  and  if  his  unworthiness  and  im- 
morality continues,  he  may  be  tried  and  expelled. 
The  remedy,  it  is  true,  entails  the  additional  trouble 
of  a  trial  on  the  Lodge,  but  this  is  a  better  course 
than  by  declaring  his  making  illegal,  to  violate  the 

*  A  well  founded  conviction  of  the  evils  which  often  result  from  the  initia- 
tion of  non-residents,  has  sometimes  led  to  the  enunciation  of  doctrines  which 
cannot  be  sustained  by  Masonic  law.  Thus,  in  1854,  the  Committee  of  Cor- 
respondence of  the  Grand  Lodge  of  Michigan  recommended  the  adoption 
of  a  resolution  protesting  against  the  practice  of  Lodges  in  other  jurisdictions, 
conferring  degrees  on  persons  not  residing  in  their  jurisdiction,  and  instruct- 
ing the  Lodges  in  Michigan  "  to  hold  no  Masonic  communication  with  those 
who  may  receive  the  degreee,  in  disregard  of  such  protest."  The  Gran-l 
Lodge  adopted  the  first  and  second  clauses  of  this  recommendation,  but 
wisely  declined  to  endorse  the  third— Proc.  G.  L.  of  Mich.,  1854  pp, 
26  44, 


OF   CANDIDATES.  129 

principles  of  Masonic  jurisprudence,  and  to  act  dis- 
courteously to  a  neighboring  jurisdiction. 

It  was  necessary,  for  the  lucidity  of  the  argument, 
and  to  avoid  circumlocution,  to  refer  to  particular 
Grand  Lodges  by  name.  Any  others  would,  for 
this  purpose,  have  done  just  as  well,  and  accom- 
plished the  object  intended,  or  I  might  have  refer- 
red to  the  Grand  Lodges  of  A  and  B  ;  but  I  have 
selected  those  of  Missouri  and  New  York  from  the 
historical  fact,  that  a  few  years  ago,  this  very  prin- 
ciple was  the  subject  of  an  animated  controversy 
between  these  two  highly  intelligent  bodies.*  After 
all,  as  the  question  is  a  vexed  one,  and  as  the  prac- 
tice of  initiating  non-residents  is  liable  to  great 
abuse,  it  is  to  be  wished  that  every  Grand  Lodge 
would  exercise  that  power  which  it  rightly  pos- 
sesses, and  forbid  its  own  subordinates  to  initiate 

*  The  circumstances  of  this  case  were  as  follows  : — "  A  resident  of  St. 
Louis,  (Mo.,)  whose  application  for  initiation  had  been  rejected,  was  on  a 
temporary  visit  to  New  York  in  the  year  1852,  admitted  into  the  Order  by 
one  of  the  Lodges  of  that  city.  This  act  was  received  with  much  disap- 
probation by  the  Masons  of  Missouri,  and  the  person  who  had  been  made  in 
New  York,  on  his  return  to  St.  Louis,  was  refused  admission  into  the  Lodges. 
There  was  considerable  discussion  of  the  subject  between  the  parties  most 
interested,  and  in  the  proceedings  of  the  Grand  Lodge  of  Missouri,  for  that 
year,  there  is  a  well  written  report  emanating  from  the  able  pen  of  ray 
friend  and  brother,  the  Grand  Secretary  of  that  jurisdiction.  In  this  report, 
Bro.  Sullivan  has  contended  for  the  principle,  that  every  Grand  Lodge  pos- 
sesses jurisdiction  over  not  only  the  Masons  within  its  geographical  limits, 
but  even  over  all  who  are  eligible  to  be  made  Masons.  The  Grand  Lodge, 
in  accordance  with  the  recommendation  of  the  committee,  adopted  a  resolu- 
tion, declaring  that  no  Lodge,  under  its  jurisdiction,  shall  recognize,  as  a  reg- 
ular made  Mason,  a  resident  of  the  state,  who  may,  during  a  temporary 
absence  therefrom,  receive  the  degrees  in  Masonry  without  the  consent  ol 
the  Lodge,  undei  whose  jurisdiction  he  may  reside  ' 

G* 


130  THE   PETITION 

non-residents,  at  least  without  the  recommenda- 
tion and  permission  of  the  Lodges  nearest  to  their 
domicil. 

The  petition  must  be  read  on  a  regular  night  of 
meeting.  This  is  done  that  no  member  may  be 
taken  by  surprise,  and  an  unworthy  or  unacceptable 
candidate  be  thus  admitted  without  his  knowledge 
or  consent.  The  rule  is  derived  by  implication 
from  the  fifth  of  the  Regulations  of  1721,  which 
prescribes  that  the  petition  shaJl  lie  over  for  one 
month.  Now,  as  it  is  admitted  that  a  ballot  cannot 
take  place,  except  at  a  regular  communication  of 
the  Lodge,  this  will  carry  back  the  time  of  presenta- 
tion to  the  previous  regular  meeting. 

The  petition  having  been  once  read,  cannot  be 
withdrawn.  It  must  go  through  the  ordeal  of  in- 
vestigation and  ballot.  This,  too,  is  a  regulation 
derived  from  constant  and  universal  usage,  rather 
than  from  any  expressed  statutory  provision.  The 
Ancient  Constitutions  say  nothing  on  the  subject  ; 
but  so  general  has  been  the  custom  that  it  may  now 
be  considered  as  having  the  force  of  an  unwritten 
law.  Many  Grand  Lodges  have,  in  fact,  adopted  it 
as  a  specific  regulation,*  and  in  others,  the  practice 

*  "  Nor  shall  any  letter  applying  for  initiation  into  the  mysteries  of  our 
Order  be  allowed  to  be  withdrawn  without  a  ballot,  or  such  withdrawal  shall 
be  considered  a  rejection,  and  notice  given  to  the  Grand  Lodge."—  Const.  G. 
L.  of  So.  Ca.,  Hale  xix.  sec.  8.  "  No  petition  for  initiation  or  membership 
Bhall  be  w'thdrawn,  af*er  having  been  referred  to  a  committee  of  inquiry."-, 
Const.  G.  L.  of  Fia.,  Art.  viii.  sec.  7.  I  doubt,  however,  the  correctness  of 
3X  .ending  this  regulation  to  petitions  of  Masons  for  affiliation.  Such  a  peti 
tion,  I  think,  may  be  withdrawn  at  any  stage,  with  the  consent  of  a  majority 
of  the  Lodge.  But  this  subject  will  be  hereafter  discussed. 


OF   CANDIDATES.  131 

is  pursued,  as  it  were,  by  tacit  consent.  Besides, 
the  analogy  of  our  speculative  institution  to  an 
operative  art,  gives  sanction  to  the  usage.  The 
candidate  for  Masonry  has  always  been  considered, 
symbolically,  as  material  brought  up  for  the  build- 
ing of  the  temple.  This  material  must  be  rejected 
or  accepted.  It  cannot  be  carried  elsewhere  for 
further  inspection.  The  Lodge  to  which  it  is  first 
brought  must  decide  upon  its  fitness.  To  with- 
draw the  petition,  would  be  to  prevent  the  Lodge 
from  making  that  decision,  and  therefore  no  peti- 
tion for  initiation,  having  been  once  read,  can  be 
withdrawn;*  it  must  go  through  the  necessary  forms. 
In  the  next  place,  the  petition  must  be  referred 
to  a  committee,  for  an  investigation  into  the  charac- 
ter and  the  qualifications  of  the  candidate.  The 
law,  derived  from  the  ancient  Regulations  of  1721, 
is  explicit,  that  there  shall  be  an  inquiry  into  the 
character  of  the  candidate  ;  but  it  is  silent  as  to  the 
mode  in  which  that  inquiry  shall  be  made.f  It 
might,  it  is  true,  be  made  by  the  whole  Lodge, 
every  member  considering  himself  as  a  member  of 
the  committee  of  investigation  ;  J  but  as  this  would 

*  California,  like  Florida,  prohibits  the  withdrawal  only  after  the  petition 
has  been  referred  to  a  committee.  But  as  soon  as  it  is  read,  it  becomes  the 
property  of  the  Lodge,  and  from  that  moment  passes  out  of  the  control  of 
the  presenter.  At  no  time,  I  think,  after  it  has  been  read,  can  it  be 
withdrawn. 

t  See  Regulations  of  1721,  art.  v.  ante.  p.  GG. 

%  In  1855,  it  waa  actually  recommended  in  the  Grand  Lodge  of  Virginia 
that  such  a  course  be  adopted,  and  that  special  committees  on  the  characters 
Df  applicants  for  initiation  being  abolished,  the  Lodge  shoul  1  be  made  a  Com 
aiittee  of  tb.3  Whole  on  every  petition  oresented. 


132  THE   PETITION 

be  a  cumbersome  method,  and  one  which  would 
hardly  be  successful,  from  the  very  number  of  the 
inquisitors,  and  the  probability  that  each  member 
would  depend  upon  his  associates  for  the  perform- 
ance of  an  unpleasant  duty,  it  has  been  invariably 
the  custom  to  refer  the  subject  to  a  special  commit- 
tee, consisting  generally  of  three,  who  are  always 
chosen  by  a  skillful  Master  from  among  those  mem- 
bers who,  from  peculiar  circumstances,  are  most 
likely  to  make  the  inquiry  with  promptness,  cer- 
tainty and  impartiality. 

The  petition,  thus  submitted  to  a  committee,  can- 
not be  acted  on  until  the  next  regular  meeting,  at 
which  time  the  committee  make  their  report.  I  say 
"  at  the  next  regular  meeting,'7  meaning  thereby 
that  one  month  must  elapse  between  the  reception 
of  the  petition  and  the  final  action  of  the  Lodge. 
Some  Lodges  meet  semi-monthly.  In  this  case  the 
petition  cannot  be  read  and  referred  at  ooie  regular 
meeting,  and  final  action  taken  at  the  next.  The 
Regulation  of  1721  is  explicit  on  this  subject,  that 
previous  notice  must  be  given  "  one  month  before." 
The  object  of  this  probationary  period  is,  as  it  is  ex- 
pressed in  the  Regulation,  that  there  may  be  "  due 
inquiry  into  the  reputation  and  capacity  of  the 
candidate." 

If  the  report  of  the  committee  is  unfavorable,  the 
candidate  is  at  once  rejected  without  ballot.  This 
usage  is  founded  on  the  principles  of  common  sense  ; 
for,  as  by  the  Ancient  Constitutions,  one  black  ball 
is  sufficient  to  reject  an  application,  the  unfavorable 


OF   CANDIDATES.  133 

report  of  a  committee  mist  necessarily  and  by  con- 
sequence include  two  unfavorable  votes  at  least. 
It  is  therefore  unnecessary  to  go  into  a  ballot  after 
such  a  report,  as  it  is  to  be  taken  for  granted  that 
the  brethren  who  reported  unfavorably  would,  on  a 
resort  to  the  ballot,  ca«it  their  negative  votes. 
Their  report  is  indeed  virtually  considered  as  the 
casting  of  such  votes,  and  the  applicant  is  therefore 
at  once  rejected  without  a  further  and  unnecessary 
ballot. 

But  if  the  report  of  the  committee  be  favorable, 
the  next  step  in  the  process  is  to  proceed  to  a  bal- 
lot. This,  however,  as  it  places  the  applicant  in  a 
new  and  important  position,  must  be  the  subject  A 
a  distinct  chapter. 


CHAPTER   III. 
balloting   for   ©attUUiatm 

THE  petition  of  the  candidate  having  been  refer- 
red to  a  committee,  and  that  committee  having 
imported  favorably,  the  next  step  in  the  process  is 
to  submit  the  petition  to  the  members  of  the  Lodge 
for  their  acceptance  or  rejection.  The  law  upon 
which  this  usage  is  founded  is  contained  in  the  sixth 
article  of  the  General  Regulations  of  1721,  which 
declares  that  "  no  man  can  be  entered  a  Brother  in 
any  particular  Lodge,  or  admitted  a  member  thereof, 
without  the  unanimous  consent  of  all  the  members 
of  the  Lodge  then  present  when  the  candidate  is 
proposed,  and  their  consent  is  formally  asked  by 
the  Master."* 

No  peculiar  mode  of  expressing  this  opinion  is 
laid  down  in  any  of  the  ancient  Constitutions  ;t  on 

*  ANDERSON'S  Oonstitutiorts,  first  ed.,  p.  59. 

t  The  mode  of  voting  does  .  t  seem  to  have  been  prescribed  in  the  firs 
years  after  the  revival  in  1717.  But  in  1736,  on  the  6th  April,  a  new  Regu- 
ation,  marked  in  the  second  edition  of  the  Constitutions  as  the  Fortieth,  was 
adopted,  in  one  clause  of  which  it  is  declared  that  "  the  opinions  or  votes  of 
the  members  are  always  to  be  signified  by  each  holding  up  one  of  his  hands, 
arhich  uplifted  bands  tne  Grand  Wardens  are  to  count,  unless  the  numbers 
jf  hands  be  so  unequa.  as  to  render  the  counting  useless."  (ANDERSON'S 


BALLOTING  FOB   CANDIDATES.  135 

the  contrary,  the  same  sixth  article  goes  on  to  say 
that  the  members  "  are  to  signify  their  consent  01 
dissent  in  their  own  prudent  way,  either  virtually 
or  in  form,  but  with  unanimity."  Universal  and 
uninterrupted  usage,  however,  in  this  country,  has 
required  the  votes  on  the  application  of  candidates 
to  be  taken  by  ballot,  which  has  been  very  wisely 
done,  because  thereby  the  secrecy  and  consequent 
independence  of  election  is  secured. 

Before  proceeding  to  any  further  inquiry  into  the 
laws  concerning  the  ballot,  it  will  be  proper  to 
explain  the  mode  in  which  the  ballot  is  to  be 
taken. 

.In  some  jurisdictions,  it  is  the  custom  for  the 
Senior  Deacon  to  carry  the  box  containing  the  bal- 
lots around  the  Lodge  room,  when  each  officer  and 
member  having  taken  out  of  it  a  white  and  black 
ball,  it  is  again  carried  round  empty,  and  each 

Const.,  second  ed.,  p.  178.)  And  although  the  Regulation  was  especially  en- 
acted in  reference  to  the  conducting  of  business  in  the  Grand  Lodge,  yet  it 
seems  to  have  been  made  of  general  application  in  all  Lodges,  by  the  con- 
cluding sentence,  which  says  :  "  Nor  should  any  other  kind  of  division  be 
ever  admitted  among  Masons."  Although,  according  to  the  general  opinion 
of  Masonic  jurists,  the  regulations  adopted  after  1722  are  not  to  be  con- 
sidered as  of  equal  authority  with  those  enacted  previous  to  that  period,  still 
a  deference  to  the  character  of  the  Grand  Lodge  of  England,  whose  juris- 
diction, up  to  the  time  of  the  promulgation  of  this  Fortieth  Regulation,  had 
not  been  seriously  impaired,  the  custom  of  holding  up  hands  has  been  prac- 
tised by  a  large  number  of  Grand  Lodges,  and  may  be  considered  as  good 
Masonic  usage.  But  this  mode  of  voting  never  applied  to  the  question  on  the 
admission  of  candidates,which  has  always  been  by  ballot,  as  evidently  ap- 
pears from  a  reference  to  it  in  the  second  edition  of  the  Book  of  Constitu- 
tions, (1738),  where  it  is  said,  "and  therefore  the  Grand  Masters  have 
allowed  the  Lodges  to  admit  a  member,  if  not  above  three  ballots  are  aga:nst 
him  " — Page  155. 


136  BALLOTING   FOB   CANDIDATES. 

Brother  then  deposits  the  ball  of  that  color  which 
he  prefers — white  being  always  a  token  of  consent, 
and  black  of  dissent.  The  box  is  then  inspected 
by  the  Master,  or  by  the  Master  and  Wardens,  and 
the  result  declared,  after  which  the  Deacon  again 
goes  round  and  collects  the  remaining  balls. 

I  have  always  objected  to  this  method,  not  be- 
cause the  opinion  of  the  Lodge  was  not  thus  as  effec- 
tually declared  as  in  any  other,  but  because  there 
seemed  to  be  a  want  of  solemnity  in  this  mode  of 
performing  an  important  duty.  I  therefore  prefer 
the  more  formal  ceremony  practised  in  some  other 
jurisdictions,  and  which  may  be  thus  described  :* 

The  ballot  box,  containing  two  compartments, 
one  holding  a  number  of  black  and  white  balls,  and 
the  other  empty,  is  first  exhibited  to  the  Junior 
Warden,  then  to  the  Senior,  and  afterwards  to  the 
Master,  that  these  officers  may  be  satisfied  that  the 
compartment  which  should  be  empty  is  really  so. 
This  compartment  is  then  closed.  A  hole,  however, 
in  the  top  of  the  box  communicates  with  it,  which  is 
for  the  purpose  of  permitting  the  balls  deposited  by 
the  voters  to  be  dropped  in.  The  compartment 
containing  the  white  and  black  balls  indiscrimi- 
nately is  left  open,  and  the  Senior  Deacon,  hav- 
ing placed  the  box  upon  the  altar,  retires  to  his 
seat. 

The  roll  of  members  is  then  called  by  the  Secre 
tary,  beginning  with  the  Master  ;  and  as  each 

*  See  this  ceremony  described  in  full  in  the  author's  Lexic  in  of  Free 
masonry,  art.  Ballot. 


BALLOTING   FOR   CANDIDATES.  137 

Brother's  name  is  called,  he  advances  to  the  altar, 
masonically  salutes  the  East,  deposits  his  ball  taker 
from  the  compartment  lying  open  before  him 
through  the  hole  in  the  top  of  the  closed  compart 
ment.  and  then  retires  to  his  seat.* 

When  all  the  officers  and  members  have  voted, 
the  Senior  Deacon  takes  the  box  from  the  altar, and 
submits  it  to  the  inspection  of  the  Junior  and  Senior 
Wardens  and  the  Master,  when,  if  all  the  ballots 
prove  to  be  white,  the  box  is  pronounced  "  clear,'7 
and  the  candidate  is  declared  elected.  If,  however, 
there  is  one  black  ball  only,  the  box  is  pronounced 
"  foul,"  and  the  Master  orders  a  new  ballot,  which 
is  done  in  the  same  form,  because  it  may  be  possible 
that  the  negative  vote  was  deposited  by  mistake  or 
inadvertence. f  If,  however,  on  the  second  ballot, 

*  "  The  box  is  placed  on  the  altar,  and  the  ballot  is  deposited  with  the 
solemnity  of  a  Masonic  salutation,  that  the  voters  may  be  impressed  with  the 
sacred  and  responsible  nature  of  the  duty  they  are  called  on  to  discharge."— 
MACKEY'S  Lexicon  of  Freemasonry,  art.  Ballot,  third  ed.,  p.  54. 

t  In  the  "  Principles  of  Masonic  Law,"  (p.  200)  I  had  erroneously  stated 
that  "  if  on  the  second  scrutiny,  one  black  ball  is  again  found,  the  fact  is  an 
nounced  by  the  Master,  who  orders  the  election  to  lie  over  until  the  next 
stated  meeting,"  to  enable  the  opposing  Brother  to  call  upon  him  and 
privately  state  his  reasons.  Into  this  grievous  error  I  must  have  fallen  from 
the  force  of  habit,  as  this  has  long  been  the  usage  pursued  in  South  Caro- 
lina. But  that  it  was  an  inadvertent  error,  must  be  apparent  from  the  fact, 
that  it  is  a  practice  contrary  to  all  my  stringent  notions  concerning  the 
secrecy  and  independence  of  the  ballot,  and  I  have  labored,  not  altogethei 
without  success,  in  my  own  jurisdiction,  to  abrogate  the  usage.  I  am  con 
soled  in  the  commission  and  the  acknowledgment  of  this  error  by  the  recol 
lection  that  even  the  great  Homer  sometimes  slept.  But  I  cannot  agree 
with  those  who  deny  the  propriety  of  an  immediate  second  ballot,  when  only 
one  black  ball  has  been  deposited.  In  such  a  case,  the  chances  of  a  mistake 
from  careless  or  hurried  handling  of  the  balls,  from  an  obscurity  of  light  or 
from  badly  prepared  balls,  are  so  great,  that  we  owe  it  to  the  candidate. 


138  BALLOTING  FOR   CANDIDATES. 

the  one  black  ball  again  appears,  the  candidate  is 
declared  by  the  Master  to  be  rejected.  If,  on  the 
first  ballot,  two  or  more  black  balls  appear,  the 
candidate  is  announced  as  having  been  rejected, 
without  the  formality  of  a  second  ballot. 

Three  things  are  to«be  observed  in  the  considera- 
tion of  this  subject :  1.  The  ballot  must  be  unani 
mous.  2.  It  must  be  independent.  3.  It  must  be 
secret. 

1.  The  unanimity  of  the  ballot  has  the  sanction 
of  the  express  words  of  the  Regulation  of  1721.  No 
one  can  be  admitted  into  a  Lodge  upon  his  applica- 
tion either  for  membership  as  a  Mason,  or  for  ini- 
tiation as  a  profane, "  without  the  unanimous  consent 
of  all  the  members  of  that  Lodge  then  present." 
This  is  the  true  ancient  usage.  Payne,  when  he 
compiled  that  Regulation,  and  presented  it  in  1721 
to  the  Grand  Lodge  of  England,  for  its  adoption, 
would  hardly  have  ventured  to  propose  so  stringent 
a  law  for  the  first  time.  The  Society,  under  its  new 
organization,  was  then  in  its  infancy,  and  a  legis- 
lator would  have  been  more  likely,  if  it  were  left  to 
his  option,  to  have  made  a  Regulation  of  so  liberal  a 
character  as  rather  to  have  given  facility  than  diffi- 
culty in  the  increase  of  members.  But  Payne  was  a 
conscientious  man.  He  was  directed  not  to  make 
new  Regulations,  but  to  compile  a  code  from  the  old 

whose  character  is  on  trial,  that  he  should  have  all  the  advantages  of  this 
possibility  of  mistake.  If,  however,  on  the  second  ballot,  when  more  care 
will  of  course  be  taken,  a  black  ball  still  appears,  the  rejection  should  \>e 
definitely  announced  without  farther  remarks. 


BALLOTING   FOR   CANDIDATES.  139 

Regulations,  then  extant.  He  had  no  power  of  en- 
actment or  of  change,  but  simply  of  compilation.* 
And,  therefore,  although  this  subject  of  the  election 
of  candidates  is  not  referred  to  in  words  in  any  of 
the  ancient  Constitutions,  we  have  every  reason  to 
suppose  that  unanimity  in  the  choice  was  one  of  the 
"  immemorial  usages"  referred  to  in  the  title  of  the 
Regulations  of  1721,  as  the  basis  on  which  those 
Regulations  were  compiled. 

It  is  true  that  a  short  time  afterwards,  it  was 
found  that  this  Regulation  was  too  stringent  for 
those  Lodges  which  probably  were  more  anxious  to 
increase  their  numbers  than  to  improve  their  ma- 
sonic character — an  infirmity  which  is  still  found  in 
some  of  our  contemporary  Lodges — and  then  to  ac- 
commodate such  brethren,  a  new  Regulation  was 
adopted,  allowing  any  Lodges  that  desired  the 
privilege  to  admit  a  member,  if  there  are  not  more 
than  three  ballots  against  hirn.t  It  might  be 
argued  that  the  words  of  the  new  Regulation,  which 
are,  "  to  admit  a  member,"  while  the  old  Regula- 
tion speaks  of  entering  a  Brother  or  admitting  a 

*  Hence,  in  the  title  of  these  "  General  Regulations,"  we  are  informed  that 
Dr.  Anderson  "  has  compared  them  with  and  reduced  them  to  the  ancient 
records  and  immemorial  usages  of  the  fraternity." — ANDERSON,  Const.,  first 
ed.,  p.  58. 

t  "  But  it  was  found  inconvenient  to  insist  upon  unanimity  in  several  cases 
And  therefore  the  Grand  Masters  have  allowed  the  Lodges  to  admit  a  mem- 
ber, if  not  above  three  ballots  are  against  him  ;  though  some  Lodges  desire 
no  such  allowance." — AND.  Const.,  second  ed,,  p.  155.  It  seems  that  this 
privilege  was  secured,  not  by  a  regulation  of  the  Grand  Lodge,  but  by  virtue 
or  '.ne  Grand  Master's  dispensation  to  set  aside  the  old  law,  which,  it  will  be 
Lerooftor  seen,  he  had  no  power  to  do. 


140  BALLOTING  FOB   CANDIDATES. 

member,  might  seem  to  indicate  that  the  new  privi 
lege  referred  only  to  the  application  of  Masons  for 
affiliation,  and  not  to  the  petition  of  candidates  for 
initiation.  But  it  is  altogether  unnecessary  to  dis- 
cuss this  argument,  since  the  new  Regulation,  first 
published  in  the  second  edition  of  Anderson's  Con- 
stitutions, in  the  year  1738,  has  never  been  deemed 
of  any  authority  as  one  of  the  foundations  of  Ma- 
sonic law.  It  is  to  be  viewed  simply,  like  all  the 
other  Regulations  which  were  adopted  after  the  year 
1721,  as  merely  a  local  law  of  the  Grand  Lodge  of 
England  ;  and  even  as  such,  it  was  no  doubt  an  in- 
fringement of  the  spirit,  if  not  of  the  letter,  of  the 
Ancient  Constitutions. 

Unanimity  in  the  ballot  is  necessary  to  secure  the 
harmony  of  the  Lodge,  which  may  be  as  seriously 
impaired  by  the  admission  of  a  candidate  contrary 
to  the  wishes  of  one  member  as  of  three  or  more  ; 
for  every  man  has  his  friends  and  his  influence. 
Besides,  it  is  unjust  to  any  member,  however  humble 
he  may  be,  to  introduce  among  his  associates  one 
whose  presence  might  be  unpleasant  to  him,  and 
whose  admission  would  probably  compel  him  to 
withdraw  from  the  meetings,  or  even  altogether 
from  the  Lodge.  Neither  would  any  advantage 
really  accrue  to  a  Lodge  by  such  a  forced  admis- 
sion ;  for  while  receiving  a  new  and  untried  mem- 
ber into  its  fold,  it  would  be  losing  an  old  one. 
For  these  reasons,  in  this  country,  except  in  a  few 
jurisdictions,  the  unanimity  of  the  ballot  has  always 
been  insisted  on  ;  and  it  is  evident,  from  what  has 


BALLOTING   FOR   CANDIDATES.  141 

been  here  said,  that  any  less  stringent  Regulatioc 
is  a  violation  of  the  ancient  law  and  usage. 

From  the  fact  that  the  vote  which  is  given  on 
the  ballot  for  a  candidate  must  be  one  in  which  the 
unanimous  consent  of  all  present  is  to  be  given,  it 
follows  that  all  the  members  then  present  are  under 
an  obligation  to  vote.  From  the  discharge  of  this 
duty  no  one  can  be  permitted  to  shrink.  And, 
therefore,  in  balloting  on  a  petition,  every  member, 
as  his  name  is  called,  is  bound  to  come  forward  and 
deposit  either  a  white  or  a  black  ball.  No  one  can 
be  exempted  from  the  performance  of  this  respon- 
sible act,  except  by  the  unanimous  consent  of  the 
Lodge  ;  for,  if  a  single  member  were  allowed  to  de- 
cline voting,  it  is  evident  that  the  candidate,  being 
then  admitted  by  the  affirmative  votes  of  the  others, 
such  admission  would,  nevertheless,  not  be  in  com- 
pliance with  the  words  and  spirit  of  the  law.  The 
"  unanimous  consent  of  all  the  members  of  the  Lodge 
then  present,"  would  not  have  been  given — one, 
at  least,  having  withheld  that  consent  by  the  non-user 
of  his  prerogative. 

It  follows  also,  from  this  view  of  the  Regu- 
lation, that  no  Lodge  can  enact  a  by-law  which, 
for  non-payment  of  dues  or  other  cause,  should 
prohibit  a  member  from  voting  on  the  petition 
of  a  candidate.*  A  member  may  forfeit  his 

*  It  is  not  very  unusual  for  Lodges  to  incorporate  a  Begulation  in  their  by- 
laws, depriving  members  who  are  more  than  one  year  in  arrears  from  vot- 
ing. As  long  as  this  is  interpreted  as  referring  to  ordinary  questions  before 
the  I.-odge,  or  to  the  annual  election  of  officers,  there  can  be  no  objection  ta 


142  BALLOTING  FOR  CANDIDATES. 

right  to  vote  at  the  election  of  officers,  or  other 
occasions  ;  but  not  only  cannot  be  deprived  of  his 
right  to  ballot  on  petitions,  but  is,  as  we  have  seen, 
compelled  to  exercise  this  right,  whenever  he  is 
present  and  a  candidate  is  proposed. 

2.  Independence  of  all  responsibility  is  an  essen- 
tial ingredient  in  the  exercise  of  the  ballot.  A 
Mason  is  responsible  to  no  human  power  for  the 
vote  that  he  casts  on  the  petition  of  a  candidate. 
To  his  own  conscience  alone  is  he  to  answer  for  the 
motives  that  have  led  to  the  act,  and  for  the  act 
itself.  It  is,  of  course,  wrong,  in  the  exercise  of  this 
invaluable  right,  to  be  influenced  by  pique  or  preju- 
dice, or  by  an  adverse  vote,  to  indulge  an  ungener- 
ous feeling.  But  whether  a  member  is  or  is  not  in 
fluenced  by  such  motives,  or  is  indulging  such 
feelings,  no  one  has  a  right  to  inquire.  No  Mason 
can  be  called  to  an  account  for  the  vote  that  he  has 
deposited.  A  Lodge  is  not  entitled  indeed  to  know 
how  any  one  of  its  members  has  voted.  No  inquiry 
on  this  subject  can  be  entertained  ;  no  information 
can  be  received. 

So  anxious  is  the  law  to  preserve  this  independ- 
ence of  the  ballot,  as  the  great  safeguard  of  its 
purity,  that  the  Grand  Lodge,  supreme  on  almost 
all  other  subjects,  has  no  power  to  interfere  in 
reference  to  the  ballot  for  a  candidate  ;  and  notwith- 
standing that  injustice  may  have  been  done  to  an 

it.  But  it  is  evident,  from  the  course  of  the  argument  I  have  pursued,  Uia< 
it  would  be  unconstitutional  to  apply  such  a  by-law  to  the  case  of  voting  ou 
the  petition  of  candidates  for  initiation  or  affiliation. 


BALLOTING  FOR  CANDIDATES.  143 

upright  and  excellent  man  by  his  rejection,  (and 
such  cases  of  clear  injustice  must  sometimes  occur,) 
neither  the  Grand  Lodge  nor  the  Grand  Master 
can  afford  any  redress,  nor  can  any  dispensation  be 
granted  for  either  reversing  the  decision  of  the 
Lodge,  or  for  allowing  less  than  a  unanimous  ballot 
to  be  required.  Hence  we  perceive  that  the  dis 
pensation  mentioned  in  the  edition  of  the  Book  of 
Constitutions  for  1738,  permitting  a  candidate  to 
be  admitted  with  three  black  balls,  was  entirely 
unconstitutional. 

The  right  of  a  Lodge,  expressed  by  the  unanimous 
consent  of  all  the  brethren  present,  to  judge  of  whom 
it  shall  admit  to  its  membership,  is  called  "  an  in- 
herent privilege,"  and  it  is  expressly  said  that  it  is 
"  not  subject  to  a  dispensation.7'*  The  reason  as- 
signed for  this  is  one  that  will  suggest  itself  at  once 
to  any  reflective  mind,  namely,  because  the  members 
are  themselves  the  best  judges  of  the  particular 
reasons  for  admission  or  rejection  ;  and  if  an  objec- 
tionable person  is  thrust  upon  them,  contrary  to 
their  wishes,  the  harmony  of  the  Lodge  may  be  im- 
paired, or  even  its  continuance  hazarded. 

3.  The  secrecy  of  the  ballot  is  as  essential  to  its 
perfection  as  its  unanimity  or  its  independence.  If 
the  vote  were  to  be  given  viva  voce,  it  is  impossible 

*  This  provision  is  found  in  the  latter  clause  of  the  Sixth  Regulation  ol 
1721,  and  is  in  these  words  :  "  Nor  is  this  inherent  privilege  subject  to  a  dls 
pensation,  because  the  members  of  a  particular  Lodge  are  the  be.-t  judges 
of  it ;  and  if  a  fractious  member  should  be  imposed  on  them,  it  might  spoil 
their  liarmony,  or  hinder  their  freedom,  or  even  break  and  disperse  the 
Loage  « — AND.  Const.,  first  ed..  p.  59. 


144  BALLOTING   FOR   CANDIDATES. 

that  the  improper  influences  of  fear  or  interest 
should  not  sometimes  be  exerted,  and  timid  members 
be  thus  induced  to  vote  contrary  to  the  dictates  of 
their  reason  and  conscience.  Hence,  to  secure  this 
secrecy  and  protect  the  purity  of  choice,  it  has 
been  wisely  established  as  a  usage,  not  only  that  the 
vote  shall  in  these  cases  be  taken  by  a  ballot,  but 
that  there  shall  be  no  subsequent  discussion  of  the 
subject.  Not  only  has  no  member  a  right  to  in- 
quire how  his  fellows  hava  voted,  but  it  is  wholly 
out  of  order  for  him  to  explain  his  own  vote.  And 
the  reason  of  this  is  evident.  If  one  member  has  a 
right  to  rise  in  his  place  and  announce  that  he  de- 
posited a  white  ball,  then  every  other  member  has 
the  same  right ;  and  in  a  Lodge  of  twenty  members, 
where  an  application  has  been  rejected  by  one  black 
ball,  if  nineteen  members  state  that  they  did  not 
deposit  it,  the  inference  is  clear  that  the  twentieth 
Brother  has  done  so,  and  thus  the  secrecy  of  the 
ballot  is  at  once  destroyed.  The  rejection  having 
been  announced  from  the  chair,  the  Lodge  should  at 
once  proceed  to  other  business,  and  it  is  the  sacred 
duty  of  the  presiding  officer  peremptorily  and  at 
once  to  check  any  rising  discussion  on  the  subject. 
Nothing  must  be  done  to  impair  the  inviolable 
secrecy  of  the  ballot. 

Re-consideration  of  the  Ballot. 

It  almost  always  happens,  when  a  ballot  is  un- 
favorable, that  the  friends  of  the  applicant  are  not 


BALLOTING   FOR   CANDIDATES.  145 

satisfied,  and  desire  a  re-consideration,  and  it  some- 
times Dccurs  that  a  motion  for  that  re-consideration 
is  made.  Now,  it  is  a  subject  worthy  of  discussion 
how  far  such  a  motion  is  in  order,  and  how  such  a 
re-consideration  is  to  be  obtained. 

I  commence  with  announcing  the  proposition  that 
a  motion  to  re-consider  an  unfavorable  ballot  is  en- 
tirely out  of  order.  In  the  first  place,  the  elements 
necessary  to  bring  such  a  motion  within  the  pro- 
visions of  Parliamentary  rules  of  order  are  wanting. 
A  motion  for  re-consideration  must  always  be  made 
by  one  who  has  voted  in  the  majority.*  This  is  a 
wise  provision,  to  prevent  time  being  wasted  in  re- 
peated agitations  of  the  same  questions,  so  that  it 
shall  never  be  known  when  a  question  is  done  with.t 
But  the  vote  on  the  petition  of  a  candidate  being 
by  secret  ballot,  in  which  no  member  is  permitted 
to  make  his  vote  known,  it  is,  of  course,  impossible 
to  know,  when  the  motion  for  re-consideration  is 
made,  whether  the  mover  was  one  of  the  majority 
or  the  minority,  and  whether  therefore  he  is  or  is 
not  entitled,  under  the  Parliamentary  rule,  to  make 
sucn  a  motion.  The  motion  would  have  to  be  ruled 
out  for  want  of  certainty. 

But  in  the  particular  case  of  a  re-consideration 
of  the  ballot,  there  is  another  and  more  strictly 

*  Thus  we  find  the  following  among  the  rules  of  the  United  States  Senate  : 
"  When  a  question  has  been  once  made  and  carried  in  the  affiimative  or 
negative,  it  shall  be  in  order  for  any  member  of  the  majority  to  move  for  the- 
re-consideration thereof.'' — RULE  20. 

t  JEFFERSON'S  Manual,  sect,  xliii,  p.  93 

7 


146  BALLOTING  FOE   CANDIDATES. 

Masonic  rale,  which  would  make  such  a  motion  out 
of  order.  To  understand  the  operation  of  this 
second  rule,  it  is  necessary  to  make  a  preliminary 
explanation.  The  proceedings  of  a  Lodge  are  of 
two  kinds — that  relating  to  business,  and  that  relat- 
ing to  Masonic  labor.  Now,  in  all  matters  purely 
.  of  a  business  character,  in  which  the  Lodge  assumes 
the  nature  of  a  mere  voluntary  association  of  men, 
such,  for  instance,  as  the  appropriation  of  the  funds, 
every  member  is  entitled  to  a  voice  in  the  delibera- 
tions, and  may  make  any  motion  relative  to  the 
business  in  hand,  which  would  not  be  a  violation  of 
the  Parliamentary  rules  of  order  which  prevail  in 
all  deliberative  societies,  and  of  those  few  other 
rules  of  order  which  particularly  distinguish  the 
Masonic  from  any  other  association  or  society.  But 
all  matters  relating  to  Masonic  labor  are  under  the 
exclusive  control  of  the  Master.  He  alone  is  re- 
sponsible to  the  Grand  Lodge  for  the  justice  and 
excellence  of  his  work,  arid  he  alone  should  there- 
fore be  permitted  to  direct  it.  If  the  time  when 
and  the  manner  how  labor  is  to  be  conducted,  be 
left  to  the  decision  of  a  majority  of  the  Lodge,  then 
the  Master  can  no  longer  be  held  responsible  for 
results,  in  producing  which  he  had,  in  common  with 
the  other  members,  only  one  voice.  It  is  wisely 
therefore  provided  that  the  labor  of  the  Lodge  shall 
be  wholly  and  solely  controlled  and  directed  by  the 
Master. 

Now,  the  ballot  is,  on  a  petition  for  initiation,  a 
part  of  the  labor  of  a  Lodge.     The  candidate  may 


BALLOTING  FOR   CANDIDATES.  147 

be  said  symbolically  to  be  the  material  brought  up 
for  the  building  of  the  temple.  The  laws  and  usages 
of  Masonry  have  declared  that  the  whole  Lodge 
shall  unanimously  decide  whether  this  material  is 
'  good  and  true,"  and  fit  for  the  tools  of  the  work- 
men.* But  as  soon  as  the  Lodge  has  begun  to  ex- 
ercise its  judgment  on  the  material  thus  brought 
before  it — that  is,  as  soon  as  it  has  proceeded  to  a 
ballot  on  the  petition — it  has  gone  into  Masonic 
labor,  and  the  authority  of  the  Master  as  the  Chief 
Builder  becomes  paramount.  He  may  stay  the  elec- 
tion— he  may  refuse  to  sanction  it — he  may  set  it 
aside — and  against  his  decision  there  can  be  no  ap- 
peal, except  to  the  Grand  Lodge,  to  which  body,  of 
course,  he  is  responsible,  and  before  which  he  must 
show  good  reasons  for  the  act  that  he  has  done. 

From  all  this,  then,  it  follows  that  the  Master  of 
the  Lodge  alone  has  the  power  to  order  a  re-con- 
sideration of  the  ballot.  If,  on  the  annunciation  of 
the  result/he  is  satisfied  that  an  error  of  inadvert- 
ence has  occurred,  by  which,  for  instance,  a  black 

*  But  even  here  the  Master  may  justly  interpose  his  authority,  as  the 
superintendent  of  the  work,  and  declare  that  material  selected  by  the  Lodge 
is  unfit,  and  reject  it.  Suppose,  for  instance,  that  a  Lodge  should  have  unani- 
mously elected  a  blind  man  to  receive  the  degrees,  (this  is  a  supposable  case, 
for  such  an  election  and  initiation  once  took  place  in  Mississippi,)  will  any 
Masonic  jurist  deny  the  right— nay  more,  the  duty  of  the  Master  to  interpose 
and  refuse  to  proceed  to  initiation  ?  And  in  this  refusal  he  would,  on  an 
appeal,  be  undoubtedly  supported  by  the  Grand  Lodge. 

Let  it  be  understood,  once  for  all,  that  when  I  speak  of  the  powers  and 
prerogatives  of  the  Master  of  a  Lodge,  I  always  do  so  with  the  implicit  re- 
servation, that  for  the  abuse  of  these  powers,  he  is  responsible  to  the  Grand 
I-iodge.  The  Master  has,  it  is  true,  the  power  to  do  wrong,  but  not  Vv? 
right. 


148  BALLOTING   FOR   CANDIDATES. 

ball  lias  been  deposited,  where  the  depositor  intended 
a  white  one,  or  if  he  supposes  it  probable  or  pos- 
sible that  such  an  error  may  have  been  committed, 
or  if  he  has  any  other  equally  good  reason,  he  may 
order  a  re-consideration  of  the  ballot.  But  even 
this  must  be  done  under  restriction,  that  the  re-con- 
sideration is  to  be  ordered  at  once.  If  any  member 
has  left  the  room  after  the  first  ballot  has  been 
taken,  it  would  be  clearly  wrong  in  the  Master  to 
order  a  re-consideration,  because  it  might  be  that 
the  party  so  leaving  had  been  the  very  one  who  had 
voted  for  a  rejection.  Of  course  it  follows,  on  the 
same  principle,  that  the  Master  would  not  be  justi- 
fied in  ordering  a  re-consideration  on  any  subsequent 
meeting.  The  Lodge  having  been  closed,  there  is 
no  power  in  Masonry  which  can  order  a  re-con- 
sideration. The  result  cannot  be  affected  except  by 
a  new  petition. 

After  what  has  been  previously  said,  it  is  hardly 
necessary,  in  conclusion,  to  add,  that  neither  the 
Grand  Master  nor  the  Grand  Lodge  has  the  power, 
under  any  circumstances  whatever,  to  order  a  re- 
consideration of  a  ballot.  Everything  concerning 
the  admission  or  rejection  of  candidates  is  placed 
exclusively  in  the  Lodge.  The  Regulations  of  1721 
declare  this  to  be  "  an  inherent  privilege  not  subje:t 
to  dispensation." 


CHAPTER    IV. 
2TfM  eroitsequences  of  Rejection, 

WHEN  a  candidate  for  initiation  into  the  myste- 
ries of  Freemasonry  has  been  rejected  in  the  manner 
described  in  the  last  chapter,  he  is  necessarily  and 
consequently  placed  in  a  position  towards  the  fra 
ternity  which  he  had  not  before  occupied,  and  which 
position  requires  some  examination. 

In  the  first  place,  there  can  be  no  re-consideration 
of  his  application  on  a  mere  vote  of  re-consideration 
by  the  Lodge.  This  subject  has  been  already  suf- 
ficiently discussed,  and  I  need  only  here  refer  to  the 
preceding  chapter. 

In  the  next  place,  he  can  apply  to  no  other  Lodge 
for  initiation.  Having  been  once  rejected  by  a 
certain  Lodge,  he  is  forever  debarred  the  privilege 
of  applying  to  any  other  for  admission.  This  law 
is  implicitly  derived  from  the  Regulations  which 
forbid  Ledges  to  interfere  with  each  other's  work* 
The  candidate,  as  I  have  already  observed,  is  to  be 
viewed  in  our  'speculative  system  as  "material 
brought  up  for  the  building  of  the  temple."  The 
act  of  investigating  the  fitness  or  unfitness  of  that 


150  THE   CONSEQUENCES 

material,  constitutes  a  part  of  Masonic  labor,  arid 
when  a  Lodge  has  commenced  that  labor,  it  is  con- 
sidered discourteous  for  any  other  to  interfere  with 
it.  This  sentiment  of  courtesy,  which  is  in  the  true 
spirit  of  Masonry,  is  frequently  inculcated  in  the 
ancient  Masonic  codes.  Thus,  in  the  Gothic  Con- 
stitutions, it  is  laid  down  that  "  a  Brother  shall  not 
supplant  his  Fellow  in  the  work  ;"*  the  "  ancient 
Charges  at  makings,"  adopted  in  the  time  of  James 
II.,  also  direct  that  "  no  Master  or  Fellow  supplant 
others  of  their  work  ;"t  and  the  Charges  approved 
in  1722  are  still  more  explicit  in  directing  that 
none  shall  attempt  to  finish  the  work  begun  by  his 
Brother.! 

*  See  ante  p.  45,  art.  10.  f  See  ante  p.  51,  art.  2. 

$  "  None  shall  discover  envy  at  the  prosperity  of  a  Brother,  nor  supplant 
him,  or  put  him  out  of  his  work,  if  he  be  capable  to  finish  the  same  ;  for  no 
man  can  finish  another's  work  so  much  to  the  lord's  profit,  unless  he  be 
thoroughly  acquainted  with  the  designs  and  draughts  of  him  that  began  it."— 
Charges  of  1722,  ch.  v.  See  ante  p.  59.  There  has  always  been  a  dispo- 
sition in  modern  times  to  evade  the  stringency  of  ancient  laws,  and  notwith- 
standing the  warning  cry  of  all  in  authority,  that  the  portals  of  our  Order 
are  not  sufficiently  guarded,  the  tendency  of  our  modern  constitutions  is  ta 
put  facilities  rather  than  obstacles  in  the  way  of  admission.  If  the  ancient 
law  is  not  in  absolute  words  abrogated,  it  is  often  so  construed  as  to  become 
a  mere  dead  letter.  Thu»,  in  the  Rules  and  Regulations  of  the  Grand  Lodge 
of  Ohio,  (Proceedings  from  1808  to  1847,  lately  published,  page  438,)  it  is 
enacted  as  follows  :  "No  Lodge  shall  initiate  into  the  mysteries  of  the  craft 
any  person  whomsoever,  without  being  first  satisfied  by  a  test,  or  otherwise, 
that  the  candidate  has  not  made  application  to  some  other  Lodge,  and  been 
rejected  ;  and  if  it  shall  appear  that  he  has  been  rejected ,  then  the  Lodge 
must  be  satisfactorily  convinced  that  such  rejection  has  not  been  on  account 
of  any  circumstances  that  ought  to  preclude  him  from  the  benefits  of  Ma- 
sonry." The  first  clause  of  this  Regulation  is  completely  in  accordance  with 
the  ancient  law  ;  but  the  second  clause  virtually  annuls  the  first.  One 
Lodge  is  thus  place T  in  judgment  upon  the  motives  of  another  ;  and  having 


OF   REJECTION.  151 

There  is  another  and  more  practical  reason  why 
petitions  shall  not,  after  rejection,  be  transferred 
to  another  Lodge.  If  such  a  course  were  admis- 
sible, it  is  evident  that  nothing  would  be  easier 
than  for  a  candidate  to  apply  from  Lodge  to  Lodge, 
until  at  last  he  might  find  one,  less  careful  than 
others  of  the  purity  of  the  household,  through 
whose  too  willing  doors  he  could  find  admission  into 
that  Order,  from  which  the  justly  scrupulous  care 
of  more  stringent  Lodges  had  previously  rejected 
him.  It  is  unnecessary  to  advert  more  elaborately 
to  the  manifold  evils  which  would  arise  from  this 
rivalry  among  Lodges,  nor  to  do  more  than  suggest 
that  it  would  be  a  fertile  source  of  admitting  un- 
worthy material  into  the  temple.  The  laws  of 
Masonry  have  therefore  wisely  declared  that  a  can- 
didate, having  been  once  rejected,  can  apply  to  no 
other  Lodge  for  admission,  except  the  one  which 
had  rejected  him.* 

determined  tlut  the  former  rejection  was  not  based  on  satisfactory  grounds, 
it  proceeds  forthwith  to  admit  the  rejected  candidate.  According  to  this 
Regulation,  any  Lodge  may  interfere  with  the  work  of  another  Lodge,  pro- 
vided always  it  will  first  resolve  that  the  said  work,  in  its  opinion,  was  not 
well  done.  Such  a  Regulation  is  an  incentive  to  rivalry  and  contention  in 
any  jurisdiction. 

*  In  1851,  the  Committee  of  Foreign  Correspondence  of  the  Grand  Lodge 
of  New  York  presented  the  Craft  with  thirty-four  maxims  of  Masonic  juris- 
prudence, which  are  distinguished  for  their  general  legal  accuracy.  To  the 
Twenty-ninth,  however,  I  cannot  attribute  this  character.  The  committee 
there  assert  that "  the  majority  of  a  Lodge  can,  at  any  regular  stated  meet- 
ing thereof,  recommend  a  rejected  candidate  for  initiation  to  a  neighboring 
Lodge,  which  can  then  initiate  him,  on  a  petition  and  reference,  and  aunanL 
mous  vote."  I  look  in  vain  through  all  the  Landmarks,  usages  and  constitu- 
tions of  the  Order,  for  any  authority  under  which  a  Lodge  can  assume  the 


152  THE   CONSEQUENCES 

A  candidate  who  has  been  rejected  may,  however, 
again  apply  to  the  Lodge  which  has  rejected  him. 
The  ancient  laws  of  the  Order  are  entirely  silent 
as  to  the  time  when  this  new  application  is  to  be 
made.  Some  of  the  Grand  Lodges  of  this  country 
have  enacted  local  Regulations  on  this  subject,  and 
decreed  that  such  new  application  shall  not  be 
made  until  after  the  expiration  of  a  definite  period. 
The  Grand  Lodge  of  New  York  requires  a  proba- 
tion of  six  months,  and  some  other  states  have  ex- 
tended it  to  a  year.  In  all  such  cases,  the  local 
Regulation  will  be  of  force  in  the  jurisdiction  for 
which  it  was  enacted.  But  where  there  is  no  such 
Regulation,  it  is  competent  for  the  candidate  to  re- 
apply  at  any  subsequent  regular  communication. 
In  such  a  case,  however,  he  must  apply  by  an  en- 
tirely new  petition,  which  must  again  be  vouched 
for  and  recommended  as  in  the  original  application, 
by  the  same  or  other  brethren,  must  be  again  refer- 
red to  a  committee  of  inquiry  on  character,  must 
lie  over  for  one  month,  and  then  be  balloted  for 
precisely  as  it  was  before.  The  treatment  of  this 

prerogative  of  recommending  a  candidate,  rejected  or  not,  to  "  a  neighbor 
ing  Lodge"  for  initiation.  Any  Lodge,  it  is  true,  having  elected  a  candi- 
date to  receive  the  degrees, and  being  prevented  by  subsequent  circumstances, 
such,  for  instance,  as  the  removal  of  the  candidate,  from  conferring  them, 
may  request  another  Lodge  to  do  its  work  for  it ;  but  it  is  contrary  to  all  the 
principles  of  Masonic  jurisprudence  for  a  Lodge  to  depart  from  its  proper 
Kphere,and  become  the  recommenders  or  vouchers  to  another  Lodge  of  a 
candidate,  and  he,  too,  a  rejected  one.  I  will  say  nothing  of  the  implied  in- 
sult to  the  Lodge  to  whom  the  discarded  material  is  recommended — dis- 
carded a,s  not  being  good  enough  for  their  own  Lodge,  but  recommended  as 
fit  enough  for  the  one  to  -which  he  is  sent.  The  constitution  of  the  Grand 
New  York  contains  T  am  happj  to  say,  no  such  provision. 


OF   REJECTION.  153 

new  petition  must  be,  in  all  respects,  as  if  no  former 
petition  existed.  The  necessary  notice  will  in  this 
way  be  given  to  all  the  brethren,  and  if  there  are 
the  same  objections  to  receiving  the  candidate  as 
existed  in  the  former  trial,  there  will  be  ample  op- 
portunity for  expressing  them  in  the  usual  way  by 
the  black  ball.  It  may  be  objected  that  in  this  way 
a  Lodge  may  be  harassed  by  the  repeated  petition? 
of  an  importunate  candidate.  This,  it  is  true,  may 
sometimes  be  the  case ;  but  this  "  argumentum  ab 
inconvenienti"  can  be  of  no  weight,  since  it  may  be 
met  by  another  of  equal  or  greater  force,  that  if  it 
were  not  for  this  provision  of  a  second  petition, 
many  good  men  who  had  perhaps  been  unjustly  re- 
fused admission,  and  for  which  act  the  Lodge  might 
naturally  feel  regret,  would  be  without  redress. 
Circumstances  may  occur  in  which  a  rejected  candi- 
date may,  on  a  renewal  of  his  petition,  be  found 
worthy  of  admission.  He  may  have  since  reformed 
and  abandoned  the  vices  which  had  originally  caused 
his  rejection,  or  it  may  be  that  the  Lodge  has  since 
found  that  it  was  in  error,  and  in  his  rejection  had 
committed  an  act  of  injustice.  It  is  wisely  pro- 
vided, therefore,  that  to  meet  such,  not  infrequent 
cases,  the  candidate  is  permitted  to  present  a  re- 
newed petition,  and  to  pass  through  a  second  or 
even  a  third  and  fourth  ordeal.  If  it  prove  favor- 
able in  its  results,  the  injustice  to  him  is  compen- 
sated for ;  but  if  it  again  prove  unfavorable,  no 
evil  has  been  done  to  the  Lodge,  and  the  candidate 
is  just  where  he  was,  before  his  renewed  application. 


154  THE   CONSEQUENCES   OP   REJECTION. 

All  that  has  been  here  said  refers  exclusively  to 
the  petitions  of  profanes  for  initiation.  The  law 
which  relates  to  the  applications  of  Master  Masons 
for  admission  into  a  Lodge  as  members,  will  be  con- 
sidered when  we  come  to  treat  of  the  rights  and 
duties  of  Master  Masons. 

The  subject  of  balloting,  on  the  applications  for 
each  of  the  degrees,  or  the  advancement  of  candi- 
dates from  a  lower  to  a  higher  degree,  will  also  be 
more  appropriately  referred  to  in  the  succeeding 
Book,  which  will  be  devoted  to  the  consideration 
of  the  law  relating  to  individual  Masons  ;  and  more 
especially  to  that  part  of  it  which  treats  of  the 
rights  of  Entered  Apprentices  and  Fellow  Craits, 


BOOK  III. 


jRplaiing  io  Inbifeibua!  Masons. 


MASONS,  as  individual  members  of  our  Order,  are  to  be 
distinguished,  according  to  the  progress  they  have  made, 
into  Entered  Apprentices,  Fellow  Crafts,  Master  Masons,  and 
Past  Masters.  Symbolic  Masonry  recognizes  nothing  beyond 
these  grades.  It  is  of  the  rights  and  prerogatives  that  they 
acquire,  and  of  the  obligations  and  duties  that  devolve  upon 
them  as  individuals  who  have  attained  to  these  various  de- 
grees, that  it  is  the  object  of  the  Third  Book  of  the  present 
treatise  to  inqiiim 


> 


CHAPTER    I. 


THERE  was  a  time,  and  that  at  no  very  remote 
period,  when  the  great  body  of  the  fraternity  was 
composed  entirely  of  Entered  Apprentices.  The 
first  degree  was  the  only  one  that  was  conferred  in 
subordinate  Lodges,  and  the  Grand  Lodge  reserved 
to  itself  the  right  of  passing  Fellow  Crafts  and 
raising  Master  Masons.*  Of  course  all  the  business 
of  subordinate  Lodges  was  then  necessarily  trans- 
acted in  the  Entered  Apprentice's  degree.  The 
Wardens,  it  is  true,  were  required  to  be  Fellow 
Crafts,t  and  the  most  expert  of  these  was  chosen  as 
the  Master  ;|  but  all  the  other  offices  were  filled, 

*  "  No  private  Lodge  at  this  time  [1739]  had  the  power  of  passing  or  rais- 
ing Masons,  nor  could  any  Brother  be  advanced  to  either  of  these  degrees 
but  in  the  Grand  Lodge,  with  the  unanimous  consent  of  all  the  Brethren  in 
communication  assembled."—  SMITH'S  Use  and  Abuse  of  Freemasonry, 
p.  73.  This  is  confirmed  by  the  Old  Laws  of  the  Grand  Lodge  of  England, 
art.  xiii.,which  ordered  that"  Apprentices  must  be  admitted  Fellow  Crafts 
and  Masters  only  here,  [in  the  Grand  Lodge]  unless  by  dispensation  from  the 
Grand  Master." 

t  "  No  Brother  can  be  a  Warden  until  he  has  passed  the  part  of  a  Fellow 
Cra.fi."—  Charges  O/1721,  §  4. 

j.  "  The  most  expert  of  the  Fellow  Craftsmen  shall  be  chosen  or  appointed 
the  Master  or  Overseer  of  the  lord's  work,  who  is  to  be  called  Master  by 
those  that  work  under  him."  —  Ibid,  §  5. 


158  OF   ENTERED   APPRENTICES. 

and  the  business  and  duties  of  Masonry  were  per- 
formed, by  the  Apprentices.  But  we  learn  from 
Anderson,  that  on  the  22d  of  November,  1725,  a  regu- 
lation was  adopted  which  permitted  the  Lodges  to 
assume  the  prerogative  formerly  vested  in  the  Grand 
Lodge,  of  conferring  the  second  and  third  degrees, 
and  as  soon  as  this  became  generally  the  custom, 
Apprentices  ceased  to  constitute  the  body  of  the 
craft,  a  position  which  then  began  to  be  occupied 
by  Master  Masons  ;  and  the  Apprentices  lost  by 
this  change  nearly  all  the  rights  and  prerogatives 
which  they  had  originally  possessed. 

This  fact  must  be  constantly  borne  in  mind  when- 
ever we  undertake  to  discuss  the  rights  of  Entered 
Apprentices,  and  to  deduce  our  opinions  on  the  sub- 
ject from  what  is  said  concerning  them  in  the 
ancient  Regulations.  All  that  is  written  of  them 
in  these  fundamental  laws  is  so  written  because 
they  then  constituted  the  great  body  of  the  craft.* 
They  were  almost  the  only  Masons  ;  for  the  Fellow 
Crafts  and  Masters  were  but  the  exceptions,  and 
hence  these  Regulations  refer  to  them,  not  so  much 

*  This  expression  must,  however,  be  taken  with  some  reservation.  In  the 
early  part  of  the  eighteenth  century,  when  the  speculative  element  predomi- 
nated in  the  Order,  to  the  entire  exclusion  of  the  operative,  Entered  Appren- 
tice, that  is  to  say,  initiates,  or  Masons  who  had  taken  but  one  degree, 
clearly  constituted  the  body  of  the  craft.  But  at  an  earlier  period,  when  the 
operative  was  mingled  with  the  speculative  character  of  the  institution,  the 
body  of  the  Order  were  undoubtedly  called  "  Fellows,"  and  would  now  pro- 
bably be  considered  as  equivalent  to  our  Fellow  Crafts.  This  subject  will 
be  discussed  at  length  in  the  next  chapter.  It  is  sufficient  for  the  present 
that  we  consider  the  condition  of  the  Order  at  the  time  of  the  revival  in  1717, 
and  for  some  years  afterwards,  when  Apprentices  only  composed  the  princi- 
pal membership  of  the  Lodges. 


OF   ENTERED   APPRENTICES.  159 

as  Apprentices,  or  men  of  the  lowest  degree,  in  con- 
tradistinction to  those  who  had  been  advanced  to 
higher  grades,  but  simply  as  the  large  constituency 
of  the  Masonic  fraternity.  Hence  the  Regulations 
which  on  this  principle  and  in  this  view  then  ap- 
plied to  Entered  Apprentices,  must  now  be  referred 
to  Master  Masons,  who  have  taken  their  place  in  the 
distribution  of  the  labors,  as  well  as  the  honors  and 
prerogatives  of  the  institution.  I  shall  have  occa- 
sion, before  this  chapter  is  concluded,  to  apply  this 
theory  in  the  illustration  of  several  points  of  Ma- 
sonic law. 

In  the  modern  system — the  one,  that  is  to  say, 
which  is  now  practised  everywhere — Entered  Ap- 
prentices are  possessed  of  very  few  rights,  and  are 
called  upon  to  perform  but  very  few  duties.  They 
are  not,  strictly  speaking,  members  of  a  Lodge,  are 
not  required  to  pay  dues,  and  are  not  permitted  to 
speak  or  vote,  or  hold  any  office.  Secrecy  and 
obedience  are  the  only  obligations  imposed  upon 
them,  while  the  Masonic  axiom,  "  audi,  vide,  tace" — 
hear,  see,  and  be  silent — is  peculiarly  appropriate  to 
them  in  their  present  condition  in  the  fraternity. 

Our  ritual,  less  changed  in  this  respect  than  our 
Regulations,  still  speaks  of  initiating  Apprentices 
and  making  Masons,  as  synonymous  terms.  They 
were  so,  as  we  have  seen,  at  one  time,  but  they  cer- 
tainly no  longer  express  the  same  meaning.  An 
Entered  Apprentice  is  now  no  more  a  Mason  than 
a  student  of  medicine  is  a  physician,  or  a  disciple  is 
a  philosopher.  The  Master  Masons  now  constitute 


160  OF   ENTERED   APPRENTICES. 

the  body  of  the  craft ;  and  to  be,  at  this  day,  a 
Mason,  properly  so  called,  one  must  have  taken  the 
third  degree.* 

Hence  Apprentices  are  not  entitled  to  the  honors 
of  Masonic  burial,t  nor  can  they  join  in  paying 
those  honors  to  a  deceased  Master  Mason. £  In  this 
respect  they  are  placed  precisely  in  the  position  of 
profanes  ;  and  it  is  a  practical  proof  of  what  I  have 
just  said,  that  they  are  not  Masons  in  the  strict 
sense  and  signification  of  the  word.  They  are 
really  nothing  more  than  Masonic  disciples,  permit- 
ted only  to  enter  the  porch  of  the  temple,  but  with 
no  right  to  penetrate  within  its  sanctuary.§ 

*  I  must  not  be  understood  by  this  expression  to  deny  the  Masonic  charao 
ter  of  Entered  Apprentices.  In  the  ordinary  and  colloquial  use  of  the  word, 
a  Mason  is  one  who  has  been  admitted  into  the  Order  of  Masonry.  In  this 
sense  an  Apprentice  is  a  Mason  ;  he  is  to  be  styled,  by  way  of  distinction 
from  the  possessors  of  the  succeeding  degrees,  an  "  Entered  Apprentice 
Mason."  But  in  the  more  legal  and  technical  employment  of  the  title,  a 
Mason  is  one  who  is  in  possession  of  the  rights,  privileges  and  mysteries  of 
Masonry.  And  in  this  sense  an  Apprentice  is  clearly  not  yet  a  Mason  ;  be 
is  only  a  neophyte  in  the  incipient  stage  of  Masonry.  To  avoid  confusion, 
this  difference  in  the  colloquial  and  legal  uses  of  the  word  must  be  always 
borne  in  mind.  We  speak  carelessly  and  familiarly  of  a  building  in  the 
course  of  erection  as  a  house,  although  nothing  but  the  frame-work  may  be 
there.  But  really  and  strictly,  it  is  only  a  house  when  completely  finished, 
and  ready  for  occupation  as  a  place  of  habitation. 

t  "  No  Mason  can  be  interred  with  the  formalities  of  the  Order  .    .    . 
unless  he  has  been  advanced  to  the  third  degree  of  Masonry,  from  which  re- 
striction there  can  be  no  exception.    Fellow  Crafts  or  Apprentices  are  no) 
entitled  to  the  funeral  obsequies." — PKESTON,  OL.  edit.,  p.  89. 

%  This  is  evident  from  the  fact  that  on  such  occasions  the  Lodge  is  re- 
quired to  be  opened  in  the  Master's  degree. — See  PRESTON,  as  above. 

§  The  position  of  Entered  Apprentices  in  the  Order  at  the  present  day 
seems  to  be  strictly  in  accordance  with  our  ancient  traditions.  These  inform 
us  that  the  Apprentices  were  not  permitted  to  pass  the  portals  of  the  ternole- 


OF   ENTERED    APPRENTICES.  161 

If  this  be  the  case,  then  it  follows  clearly  that 
they  are  not  entitled  to  Masonic  charities  or  relief. 
And  so  far  ae  regards  the  pecuniary  benefits  of  the 
Order,  we  have  a  still  better  reason  for  this  exclu- 
sion ;  for  surely  they  who  have  contributed  nothing 
to  the  support  of  the^institution,  in  the  form  of  con- 
tributions or  arrears,  cannot  expect,  as  a  right,  to 
receive  any  eleemosynary  aid  from  its  funds.  The 
lesson  of  charity  is,  it  is  true,  given  in  the  first  de- 
gree ;  but  this  is  a  ritualistic  usage,  which  was  estab- 
lished at  the  time  when  Entered  Apprentices  were, 
as  I  have  already  observed,  the  great  body  of  the 
craft ;  and  were  really,  by  this  fact,  entitled  to  the 
name  of  Masons.  The  lessons  taught  on  this  sub- 
ject, except  in  so  far  -as  they  are  of  a  general  char- 
acter, and  refer  to  the  virtue  of  charity  simply  as  a 
part  of  a  system  of  ethics,  must  be  viewed  only  as 
an  introductory  instruction  upon  matters  that  are 
afterwards  to  be  practically  enforced  in  the  third 
degree. 

Entered  Apprentices  formerly  had  the  right  of 
being  present  at  the  communications  of  the  Grand 
Lodge,  or  General  Assembly,  and  taking  part  in  its 
deliberations.  In  fact, it  is  expressly  prescribed,  in 
the  last  of  the  Regulations  of  1721,  that  none  of 
these  important  laws  can  be  altered,  or  any  new 
General  Regulations  made,  until  the  alteration  or 

but  were  occupied  in  the  quarries  in  fashioning  the  rude  stones  by  means  of 
the  guage  and  gavel,  so  as  to  fit  them  for  the  use  of  the  Fellow  Crafts.  And 
it  was  not  until  they  had  made  due  proficiency  and  proved  themselves  worthy 
by  their  obedience  and  fidelity,  that  they  were  permitted  to  enter  the  sacred 
precincts,  and  to  receive  a  fuller  share  of  light  and  instruction. 


162  OF   ENTERED   APPRENTICES. 

the  new  regulation  is  submitted  to  all  the  Brethren, 
"  even  the  youngest  Entered  Apprentice."""  But 
this  rule  is  now  obsolete,  because,  being  founded  on 
the  fact  that  Apprentices  were  then  the  body  of  the 
craft,  and  they  being  no  longer  so,  the  reason  of  the 
law  having  ceased,  the  law  also  ceases.  Cessante 
ratione  legis,  cessat  ipsa  lex. 

Entered  Apprentices,  however,  still  have  several 
rights,  in  the  due  exercise  of  which  they  are  en- 
titled to  as  much  protection  as  the  most  important 
members  of  the  craft.  These  rights  may  be  briefly 
enumerated  as  follows  : 

They  have  a  right  to  sit  in  the  Lodge  in  which 
they  were  initiated,  when  it  is  opened  in  the  first 
degree,  and  to  receive  all  the  instructions  which  ap- 
pertain to  that  degree.  This  is  not  a  right  of 
visitation  such  as  is  exercised  by  Master  Masons, 
because  it  cannot  be  extended  beyond  the  Lodge  in 
which  the  Apprentice  has  been  initiated.  Into  that 
Lodge,  however,  whenever  opened  and  working,  in 
his  degree  he  can  claim  admittance,  as  a  right  ac- 
cruing to  him  from  his  initiation  ;  but  if  admitted 
into  any  other  Lodge,  (the  policy  of  which  is  doubt- 
ful) it  can  only  be  by  the  courtesy  of  the  presiding 
officer.  Formerly,  of  course,  when  Apprentices 
constituted  the  body  of  the  fraternity,  they  pos- 
sessed this  general  right  of  visitation,  f  but  lost  it 

*  See  ante  p.  79. 

t  Of  course  when  the  majority  of  the  members  of  all  Lodges  were  Appren- 
tices, or,  in  other'  words,  had  received  only  the  first  degree,  it  is  evident  that 
there  could  have  been  few  or  no  visits  among  the  craft,  if  the  right  were  re 
stricter!  to  the  possessors  of  the  third  degree. 


OF  ENTERED   APPRENTICES.  1  f>B 

as  soon  as  Lodges  began  to  confer  the  higher  de- 
grees ;  and  now  it  is  confined  to  Master  Masons, 
who  alone,  under  modern  usage,  possess  the  right 
of  visit. 

Apprentices  have  also  the  right  to  apply  for  ad- 
vancement to  a  higher  degree.  Out  of  the  class  of 
Apprentices  the  Fellow  Crafts  are  made ;  and  as 
this  eligibility  to  promotion  really  constitutes  the 
most  important  right  of  this  inferior  class  of  our 
Brethren,  it  is  well  worthy  of  careful  consideration. 
I  say,  then,  that  the  Entered  Apprentice  possesses 
the  right  of  application  to  be  passed  to  the  degree 
of  a  Fellow  Craft.  He  is  eligible  as  a  candidate  ; 
but  here  this  right  ceases.  It  goes  no  farther  than 
the  mere  prerogative  of  applying.  It  is  only  the 
right  of  petition.  The  Apprentice  has,  in  fact,  no 
more  claim  to  the  second  degree  than  the  profane 
has  to  the  first.  It  is  a  most  mistaken  opinion  to 
suppose  that  when  a  profane  is  elected  as  a  candi- 
date, he  is  elected  to  receive  all  the  degrees  that 
can  be  conferred  in  a  Symbolic  Lodge.  Freemasonry 
is  a  rigid  system  of  probation.  A  second  step 
never  can  be  attained  until  sufficient  proof  has  been 
given  in  the  preceding  that  the  candidate  is  "  worthy 
and  well  qualified."*  A  candidate  who  has  received 
the  first  degree  is  no  more  assured  by  this  reception 
thaf  he  will  reach  the  third,  than  that  he  will  attain 

*  The  Charges  of  1722  tell  us  that  "  all  preferment  among  Masons  is 
grounded  upon  real  worth  and  personal  merit  only,"  and  they  proceed  to 
show  how  by  these  means  alone  progress  is  to  be  made  from  the  lowest  to 
the  highest  positions  in  the  Order.  See  ante  p.  57. 


164:  OF   ENTERED   APPRENTICES. 

the  Royal  Arch.  In  the  very  ceremony  of  ins  re 
ception  he  may  have  furnished  convincing  evidence 
of  his  unfitness  to  proceed  further  ;  and  it  would  be- 
come the  duty  of  the  Lodge,  in  that  case,  to  debar 
his  future  progress.  A  bad  Apprentice  will  make 
a  worse  Master  Mason  ;  for  he  who  cannot  comply 
with  the  comparatively  simple  requisitions  of  the 
first  degree,  will  certainly  be  incapable  of  respond- 
ing to  the  more  important  duties  and  obligations  of 
the  third.  Hence,  on  the  petition  of  an  Apprentice 
to  be  passed  as  a  Fellow  Craft,  a  ballot  should  al 
ways  be  taken.  This  is  but  in  accordance  with  the 
meaning  of  the  word  ;  for  a  petition  is  a  prayer  for 
something  which  may  or  may  not  be  refused,  and 
hence,  if  the  petition  is  granted,  it  is  ex  gratia,  or 
by  the  voluntary  favor  of  the  Lodge,  which,  if  it 
chooses,  may  withhold  its  assent.  Any  other  view 
of  the  case  would  exclude  that  inherent  right  which 
is  declared  by  the  Regulations  of  1721  to  exist  in 
every  Lodge,  of  being  the  best  judges  of  the  quali- 
fications of  its  own  members.* 

An  Apprentice,  then,  has  the  right  to  apply  for 
advancement ;  but  the  Lodge  in  which  he  was  initi- 
ated has  the  correlative  right  to  reject  his  applica- 
tion. And  thereby  no  positive  right  of  any  person 
is  affected  ;  for,  by  this  rejection  of  the  candidate 
for  advancement,  no  other  injury  is  done  to  him 
than  the  disappointment  of  his  expectations.  His 
character  as  an  Entered  Apprentice  is  not  impaired. 

*  Regulations  of  1721,  art.  vi.,  ante,p.  G6. 


OP   ENTERED  APPRENTICES.  165 

He  still  possesses  all  the  rights  and  prerogatives 
that  he  did  before,  and  continues,  notwithstanding 
the  rejection  of  his  application,  to  be  an  Apprentice 
"  in  good  standing,"  and  entitled,  as  before,  to  all 
the  rights  and  privileges  of  a  possessor  of  that 
degree. 

This  subject  of  the  petition  of  an  Apprentice  for 
advancement  involves  three  questions  of  great  im- 
portance :  First,  how  soon,  after  receiving  the  first 
degree,  can  he  apply  for  the  second  ?  Secondly, 
what  number  of  black  balls  is  n'ecessary  to  consti- 
tute a  rejection?  And  thirdly,  what  time  must 
elapse,  after  a  first  rejection,  before  the  Apprentice 
can  renew  his  application  for  advancement  ? 

1.  How  soon,  after  receiving  the  first  degree,  can  an 
Apprentice  apply  for  advancement  to  the  second  ? 
The  necessity  of  a  full  comprehension  of  the  mys- 
teries of  one  degree,  before  any  attempt  is  made  to 
acquire  those  of  a  second,  seems  to  have  been 
thoroughly  appreciated  from  the  earliest  times  ;  and 
hence  the  Old  York  Constitutions  of  926  prescribe 
that  "  the  Master  shall  instruct  his  Apprentice 
faithfully,  and  make  him  a  perfect  workman."* 
But  if  there  be  an  obligation  on  the  part  of  the 
Master  to  instruct  his  Apprentice,  there  must  be, 
of  course,  a  correlative  obligation  on  the  part  of 
the  latter  to  receive  and  profit  by  those  instructions. 
Accordingly,  unless  this  obligation  is  discharged, 
and  the  Apprentice  makes  himself  acquainted  with 

*  Sce,ante  p.  45.    But  it  is  unnecessary  to  multiply  authorities,  as  the 
ritual  of  the  first  degree  has  always  prescribed  study  and  probation. 


166  OF    ENTERED   APPRENTICES. 

the  mysteries  of  the  degree  that  he  has  already  re- 
ceived, it  is,  by  general  consent,  admitted  that  he 
has  no  right  to  be  intrusted  with  further  and  more 
important  information.  The  modern  ritual  sustains 
this  doctrine,  by  requiring  that  the  candidate,  as  a 
qualification  in  passing  onward,  shall  have  made 
"  suitable  proficiency  in  the  preceding  degree." 
This  is  all  that  the  general  law  prescribes.*  Suit- 
able proficiency  must  have  been  attained,  and  the 
period  in  which  that  condition  will  be  acquired, 
must  necessarily  depend  on  the  mental  capacity  of 
the  candidate.  Some  men  will  become  proficient 
in  a  shorter  time  than  others,  and  of  this  fact  the 
Master  and  the  Lodge  are  to  be  the  judges.  An 
examination  should  therefore  take  place  in  open 
Lodge,  and  a  ballot  immediately  following  will  ex- 
press the  opinion  of  the  Lodge  on  the  result  of 
that  examination,  and  the  qualification  of  the 
candidates. 

From  the  difficulty  with  which  the  second  and 
third  degrees  were  formerly  obtained — a  difficulty 
dependent  on  the  fact  that  they  were  only  conferred 
in  the  Grand  Lodge — it  is  evident  that  Apprentices 
must  have  undergone  a  long  probation  before  they 
had  an  opportunity  of  advancement,  though  the  pre- 
cise term  of  the  probation  was  decided  by  no  legal 

*  Unfortunately  it  is  too  much  the  usage,  when  the  question  is  asked 
whether  the  candidate  has  made  suitable  proficiency  in  his  preceding  degree, 
to  reply,  "  such  as  time  and  circumstances  would  permit."  I  have  no  doubt 
that  this  is  an  innovation  originally  invented  to  evade  the  law,  which  has  al- 
ways required  a  due  proficiency.  To  such  a  question,  no  other  answer  ought 
&  be  given  than  the  positive  and  unequivocal  one  that  "  he  has." 


OF   ENTERED   APPRENTICES.  167 

enactment.  Several  modern  Grand  Lodges,  how- 
ever, looking  with  disapprobation  on  the  rapidity 
with  which  the  degrees  are  sometimes  conferred 
upon  candidates  wholly  incompetent,  have  adopted 
special  regulations,  prescribing  a  determinate  period 
of  probation  for  each  degree.  This,  however,  is  a 
local  law,  to  be  obeyed  only  in  those  jurisdictions 
in  which  it  is  of  force.  The  general  law  of  Masonry 
makes  no  such  determinate  provision  of  time,  and 
demands  only  that  the  candidate  shall  give  evidence 
of  "  suitable  proficiency."* 

2.  What  number  of  Hack  balls  is  necessary  to  con- 
stitute a  rejection  ?  Here  we  are  entirely  without 
the  guidance  of  any  express  law,  as  all  the  Ancient 
Constitutions  are  completely  silent  upon  the  subject. 
It  seems  to  me,  however,  that  in  the  advancement 
of  an  Apprentice,  as  well  as  in  the  election  of  a 
profane,  the  ballot  should  be  unanimous.  This  is 
strictly  in  accordance  with  the  principles  of  Ma- 
sonry, which  require  unanimity  in  admission,  lest 
improper  persons  be  intruded,  and  harmony  im- 
paired. Greater  qualifications  are  certainly  not 
required  of  a  profane  applying  for  initiation  than 
of  an  Apprentice  seeking  advancement  ;  nor  can  I 
see  any  reason  why  the  test  of  those  qualifications 

*  The  Constitution  of  the  Grand  Lodge  of  England  contains  the  following 
provision  :  "  No  Lodge  shall  confer  more  than  one  degree  on  any  Brother  on 
the  same  day,  nor  shall  a  higher  degree  be  conferred  on  any  Brother  at  a 
less  interval  than  four  weeks  from  his  receiving  a  previous  degree,  nor  until 
he  has  passed  an  examination  in  open  Lodge  in  that  degree."  A  similar 
regulation  prevails  in  many,  if  not  most,  of  the  Grand  Lodges  of  the  United 
States. 


168  OF   ENTERED    APPRENTICES. 

should  not  be  as  rigid  in  the  one  case  as  in  the 
other.  I  am  constrained  therefore  to  believe,  not- 
withstanding the  adverse  decision  of  the  Grand 
Lodge  of  Wisconsin  in  1849,*  that  on  the  applica- 
tion of  an  Entered  Apprentice  for  advancement  to 
the  second  degree,  the  ballot  must  be  unanimously 
in  his  favor  to  secure  the  adoption  of  his  petition. 
It  may  be  stated,  once  for  all,  that  in  all  cases  of 
balloting  for  admission  in  any  of  the  degrees  of 
Masonry,  a  single  black  ball  will  reject. 

3.  What  time  must  elapse,  after  a  first  rejection, 
before  the  Apprentice  can  renew  his  application  for 
advancement  to  the  second  degree  ?  Here,  too,  the 
Ancient  Constitutions  are  silent,  and  we  are  left  to 

*  The  Hon.  Wm.  R,  Smith,  at  that  time  Grand  Master  of  the  Grand  Lodge 
of  Wisconsin,  said,  in  1849,  that  he  considered  it  not  only  wrong  in  itself, but 
highly  unmasonic  to  deny  advancement  to  an  Entered  Apprentice  or  Fellow 
Craft,  "  by  the  operation  of  a  single  negative  in  the  ballot  box."  And  he 
advanced  the  doctrine  that,  "  without  sufficient  cause  shown  to  the  contrary, 
the  advancement  may  be  demanded  by  the  candidate  as  a  matter  of  right. 
He  has  already  submitted  to  the  ordeal  of  a  single  negative  in  the  ballot  box, 
and  he  stands  in  the  Lodge  as  a  man  and  a  Mason,  subject  to  the  action  of 
a  majority  of  his  Brethren  on  his  merits  or  his  demerits." — Proc.  G.  L.  Wise., 
1849,  p.  11.  And  the  Grand  Lodge  decided,  in  accordance  with  this  opin- 
ion, that  an  Entered  Apprentice  should  not  be  refused  advancement,  except 
by  a  vote  of  a  majority  of  the  Lodge.  In  commenting  on  this  opinion  and 
decision,  the  Committee  of  Foreign  Correspondence  of  the  G.  L.  of  Florida, 
of  which  that  able  and  experienced  Mason,  John  P.  Duval,  was  chairman, 
remarked  :  "  We  always  supposed,  if  any  one  rule  of  ancient  Masonry  was 
more  unquestionable  than  another,  it  was  unanimity  in  balloting  for  initiating, 
passing  and  raising." — Proc.  G.  L.  of  Fla.,  1851,  p.  31.  This  view  is  sus- 
tained by  the  Grand  Lodges  of  New  York,  New  Hampshire,  Vermont,  Rhode 
Island,  Iowa,  Maryland  and  Ohio  ;  and  the  Grand  Lodge  of  Wisconsin  itself, 
the  very  next  year,  in  its  amended  Constitution,  adopted  a  provision  declar- 
ing that  "  any  member  of  a  subordinate  Lodge  may  object  to  the  initiation, 
jmssing  or  raising  of  a  candidate,  at  any  time  before  the  degree  is  confer 
red." — Const.  G.  L.  Wise.,  part  iv.,  art.  iii.,  sect.  7  ;  anno  1850. 


OF   ENTERED   APPRENTICES.  1G9 

deduce  our  opinions  from  the  general  principles  and 
analogies  of  Masonic  law.  As  the  application  for 
advancement  to  a  higher  degree  is  founded  on  a 
right  enuring  to  the  Apprentice,  by  virtue  of  his  re- 
ception into  the  first  degree — that  is  to  say,  as  the 
Apprentice,  so  soon  as  he  has  been  initiated,  be- 
comes invested  with  the  right  of  applying  for  ad- 
vancement to  the  second — it  seems  evident  that,  as 
long  as  ho  remains  an  Apprentice  "  in  good  stand- 
ing,77 he  continues  to  be  invested  with  that  right. 
Now,  the  re  jection  of  his  petition  for  advancement 
by  the  Lod0-e  does  not  impair  his  right  to  apply 
again,  because  it  does  not,  as  I  have  already  shown, 
affect  his  rig  hts  and  standing  as  an  Apprentice  ;  it 
is  simply  the  expression  of  the  opinion  that  the 
Lodge  does  not  at  present  deem  him  qualified  for 
further  progress  in  Masonry.  We  must  never  for- 
get the  difference  between  the  right  of  applying  for 
advancement  and  the  right  of  advancement.  Every 
Apprentice  possesses  the  former,  but  no  one  can 
claim  the  latter  until  it  is  given  to  him  by  the  unani- 
mous vote  of  the  Lodge.  And  as,  therefore,  this 
right  of  application  or  petition  is  not  impaired  by 
its  rejection  at  a  particular  time,  and  as  the  Ap- 
prentice remains  precisely  in  the  same  position  in 
his  own  degree,  after  the  rejection,  as  he  did  before, 
it  seems  to  follow  as  an  irresistible  deduction,  that 
he  may  again  apply  at  the  next  regular  communica- 
tion ;  and  if  a  second  time  rejected,  repeat  his  ap- 
plications at  all  future  meetings.  I  kold  that  the 
Entered  Apprentices  of  a  Lodge  are  competent,  at 

8 


170  OF   ENTERED    APPRENTICES. 

all  regular  communications  of  their  Lodge,  to  peti- 
tion for  advancement.  Whether  that  petition  shall 
be  granted  or  rejected  is  quite  another  thing,  and 
depends  altogether  on  the  favor  of  the  Lodge. 

This  opinion  has  not,  it  is  true,  been  universally 
adopted,  though  no  force  of  authority,  short  of  an 
opposing  landmark,  could  make  one  doubt  its  cor- 
rectness. For  instance,  the  Grand  Lodge  of  Cali- 
fornia decided  that  "  the  application  of  Apprentices 
or  Fellow  Crafts  for  advancement,  should,  after 
they  have  been  once  rejected  by  ballot,  be  governed 
by  the  same  principles  which  regulate  the  ballot  on 
petitions  for  initiation,  and  which  require  a  proba- 
tion of  one  year."* 

This  appears  to  be  a  singular  decision  of  Masonic 
law.  If  the  reasons  which  prevent  the  advancement 
of  an  Apprentice  or  Fellow  Craft  to  a  higher  de- 
gree, are  of  such  a  nature  as  to  warrant  the  delay 
of  one  year,  it  is  far  better  to  prt  5er  charges  against 
the  petitioner,  and  to  give  him  the  opportunity  of  a 
fair  and  impartial  trial.  In  many  cases,  a  candi- 
date for  advancement  is  retarded  in  his  progress 
from  an  opinion  on  the  part  of  the  Lodge  that  he 
is  not  yet  sufficiently  prepared  for  promotion  by  a 
knowledge  of  the  preceding  degree — an  objection 
which  may  sometimes  be  remove  1  before  the  recur- 

*  Proceedings  G.  L.  of  California,  1857.  Several  Grand  Lodges  have 
prescribed  a  certain  period  which  must  elapse  before  a  rejected  Apprentice 
can  apply  a  second  time  for  advancement.  These  are,  however,  only  local 
regulations,  and  are  unsupported  by  the  ancient  Landmarks  or  the  general 
principles  of  Masonic  law,  being  rather,  as  I  tt  ink  I  have  ehcwn,  in  opptwi 
tion  to  the  latter. 


OF  ENTERED   APPRENTICES.  171 

rence  of  the  next  monthly  meeting.  In  such  a  case, 
a  decision  like  that  of  the  Grand  Lodge  of  Cali- 
fornia would  be  productive  of  manifest  injustice. 
I  hold  it,  therefore,  to  be  a  more  consistent  rule, 
that  the  candidate  for  advancement  has  a  right  to 
apply  at  every  regular  meeting,  and  that  whenever 
any  moral  objections  exist  to  his  taking  a  higher 
degree,  these  objections  should  be  made  in  the  form 
of  charges,  and  their  truth  tested  by  an  impartial 
trial.  To  this,  too,  the  candidate  is  undoubtedly 
entitled,  on  all  the  principles  of  justice  and  equity. 
Whatever  may  be  the  rights  of  an  Entered  Ap- 
prentice, they  are  liable  to  forfeiture  for  misconduct, 
and  he  may  be  suspended,  expelled,  or  otherwise 
masonically  punished,  upon  adequate  cause  and 
sufficient  proof.  An  Apprentice  may  therefore  be 
tried,  but  the  trial  must  be  conducted  in  the  first 
degree  ;  for  every  man  is  entitled  to  trial  by  his 
peers.  But  as  none  but  Master  Masons  can  inflict 
punishment,  since  they  alone  now  constitute  the 
body  of  the  craft,  the  final  decision  must  be  made  in 
the  third  degree.  He  is  also  entitled  to  an  appeal 
to  the  Grand  Lodge,  from  the  sentence  of  his  Lodge, 
because  the  benign  spirit  of  our  institution  will  al- 
low no  man  to  be  unjustly  condemned  ;  and  it  is 
made  the  duty  of  the  Grand  Lodge  to  see  that  the 
rights  of  even  the  humblest  member  of  the  Order 
shall  not  be  unjustly  invaded,  but  that  impartial 
justice  is  administered  to  all.  This  question  of  the 
trial  of  Entered  Apprentices  will,  however,  be  re- 
sumed on  a  subsequent  occasion,  when  we  arrive  at 
the  topic  of  Masonic  trials. 


CHAPTER   II. 

U)   Crafts, 


IT  was  stated  in  the  preceding  chapter  that  there 
was  a  time,  in  the  early  part  of  the  eighteenth  cen- 
tury, when  Apprentices  composed  the  body  of  the 
craft,  and  when  the  membership  in  the  subordinate 
Lodges  seldom  extended,  except  as  to  the  presiding 
officers,  beyond  the  possessors  of  that  degree.  But 
it  was  also  remarked  that  this  statement  was  to  be 
taken  with  some  reservation,  as  there  appears  cer- 
tainly to  have  been  a  still  earlier  period  in  the  his- 
tory of  the  Order,  when  Apprentices  did  not  occupy 
this  elevated  and  important  position,  and  when  the 
body  of  the  membership  was  composed  of  Fellow 
Crafts. 

In  the  sixteenth  and  seventeenth  centuries,  and 
at  still  more  remote  periods,  the  operative  element 
constituted  an  important  ingredient  in  the  organiza- 
tion of  the  institution.*  The  divisions  of  the  mem- 

*  So  much  was  this  the  case  that  Preston  informs  us  that,  in  the  very  be- 
ginning of  the  18th  century,  it  was  found  necessary,  for  the  purpose  of  in- 
creasing the  number  of  members,  to  adopt  a  proposition  by  which  "  the 
privileges  of  Masonry  should  no  longer  be  restricted  to  operative  Masons, 
but  extend  to  men  of  various  professions,  provided  that  they  were  regularly 


OF   FELLOW   CRAFTS.  173 

bers  into  grades  at  that  time  were  necessarily 
assimilated  to  the  wants  of  such  an  operative  insti- 
tution. There  were  Masters  to  superintend  the 
work,  Fellow  Crafts,  or,  as  they  were  almost  always 
called,  Fellows,  to  perform  the  labor,  and  Appren?- 
Hoes,  to  be  instructed  in  the  principles  of  ihe  art. 
Hence,  in  all  the  oldest  records,  we  find  constant 
allusions  to  the  Felloics,  as  constituting  the  main 
oody  of  the  fraternity  ;  and  the  word  "  Fellow/'  at 
that  time,  appears  to  have  been  strictly  synonymous 
with  "  Freemason.'7  Thus,  Elias  Ashmole,  the  cele- 
brated antiquary,  says  in  his  "  Diary,"  that  on  the 
16th  of  October,  1646,  he  "was  made  a  Freemason 
at  Warrington,  Lancashire,  with  Colonel  Henry 
Mainwaring,  of  Kerthingham,  in  Cheshire,  by  Mr. 
Richard  Penket,  the  Warden,  and  the  Fellow  Crafts." 
And  again,  under  the  date  of  March  10th,  1682, 
when  speaking  of  another  reception  -which  took 
place  on  that  day  at  Masons'  Hall,  in  London,  he 
says  :  "  I  was  the  Senior  Fellow  among  them — it 
being  thirty-five  years  since  I  was  admitted.  There 
were  present,  besides  myself,  the  Fellows  after 
named,"  and  he  proceeds  to  give  the  names  of  these 
Fellows,  which  it  is  unnecessary  to  quote. 


approved  and  initiated  into  the  Order."— PRESTON,  p.  180.  This  quotation 
from  Presfcon  is  an  instance  of  that  carelessness  in  the  statement  of  facts 
which  was  the  "  easily  besetting  sin"  of  our  early  Masonic  waters,  and  which 
will  prove  the  greatest  embarrassment  to  him  who  shall  undeitake  to  write, 
what  is  yet  to  be  written,  a  Philosophical  History  of  Freemasonry.  Preston 
must  have  known,  if  he  had  reflected  at  all  on  the  subject,  that  the  restric 
lion  against  the  admission  of  professional  and  literary  men  had  been  pre- 
viously removed,  or  how  could  such  men  as  Ashmole  have  been  initiated? 


174  OF   FELLOW    CRAFTS. 

Throughout  the  whole  of  the  Ancient  Charges  and 
Regulations,  -until  we  get  to  those  emendations  of 
them  which  were  adopted  in  1721  and  1722,  we  find 
no  reference  to  the  Aoprentices,  except  as  a  subor- 
dinate and  probationary  class,  while  the  Fellow 
Crafts  assume  the  position  of  the  main  body  of  the 
fraternity,  that  position  which,  in  the  present  day,  is 
occupied  by  the  Master  Masons. 

Thus,  in  the  Old  York  Constitutions  of  926,  it  is 
said,  "  No  man  shall  be  false  to  the  craft,  or  enter- 
tain a  prejudice  against  his  Master  or  Fellows."* 
And  again  :  "  No  Mason  shall  debauch  ....  the 
wife  ....  of  his  Master  or  Fellows  ;"t  where 
clearly  "  Master"  is  meant  to  designate  the  presid- 
ing officer  simply,  who  might  or  might  not,  for  all 
that  we  know,  have  been  in  possession  of  a  higher 
degree,  while  "  Fellows"  denote  the  whole  body  of 
members  of  the  Lodge.  But  these  Constitutions  are 
still  more  explicit  in  the  use  of  the  term,  when 
they  tell  us  that  the  "  General  Assembly  or  Grand 
Lodge  shall  consist  of  Masters  and  Fellows,  Lords, 
Knights,"  &c.J 

*  Old  York  Const.,  point  4.  In  the  original,  from  HalliwelPs  manuscript, 
the  law  is  thus  expressed,  and  I  quote  it  because  the  Apprentices  are  here 
described  as  a  distinct  class  : 

"  Ny  no  pregedysse  he  shall  not  do 
To  his  mayster,  ny  his  fellowes  also  ; 
And  that  the  prentes  be  under  awe, 
That  he  wolde  have  the  same  law." 
f  Point  7.    In  the  original  thus  : 

"  Thou  sehal  not  by  thy  maystres  wyf  ly, 

Ny  by  thy  felowes." 
•j  Point  12.    In  the  original : 

"  Ther  as  the  seinble  y-holde  schal  bo, 
Ther  schal  be  maystrys  and  felowes  also." 


OF  FELLOW   CRAFTS.  175 

In  the'  "  Ancient  Installation  Charges,"*  which 
are  of  a  date  between  1685  and  1688,  the  word 
"  Follow7'  is  very  exactly  defined  as  signifying  a 
"  Mason/1  for  it  is  there  said  :  "  Ye  shall  call  all 
Masons  your  Fellows,  or  your  Brethren,  and  no 
other  names."  And  in  the  "  Ancient  Charges  at 
Makings,"  which  will  be  found  in  the  First  Book  of 
this  volume,t  we  are  told  that  it  is  the  duty 
of  "  the  Master  to  live  honestly,  and  to  pay  his 
Fellows  truly."  Again  :  that  "  every  Master  and 
Fellow  shall  come  to  the  assembly,  if  it  be 
within  fifty  miles  of  him,  if  he  have  any  warning." 
And  lastly,  that  '*  every  Mason  shall  receive  and 
cherish  strange  Vellows,  when  they  come  over  the 
country." 

During  all  this  time,  the  Apprentices  are  seldom 
alluded  to,  and  then  only  as  if  in  a  subordinate  posi- 
tion, and  withovt  the  possession  of  any  important 
prerogatives.  Thus,  they  are  thrice  spoken  of  only 
in  the  York  Constitutions  of  926>  where  the  Master 

*  See  them  in  this  wot  .1,  p.  49. 

f  On  page  51.  In  re  publishing  these  Charges,  on  the  page  just  quoted, 
it  was  merely  stated  thai  they  were  contained  in  a  MS.  in  the  Lodge  of  An- 
tiquity in  London.  But  ;t  should  also  have  been  added  that  they  are  to  be 
also  found  in  the  Libraij  of  the  British  Museum,  among  the  Landsdowne 
MSS.,  which  are  a  large  collection  of  papers  and  letters  that  were  collected 
by  Lord  Burleigh,  who,  in  1572,  was  Lord  Treasurer  of  England,  under 
Queen  Elizabeth.  These  papers  are  known  as  the  "  Burleigh  Papers  ;"  and 
one  of  them,  marked  in  the  catalogue  of  the  Landsdowne  MSS.  as  No.  98, 
Article  48,  is  a  curious  legend  of  the  origin  of  Freemasonry,  which  terminates 
with  those  Ancient  Cha>  *es  which  I  have  cited  on  page  51.  The  "  Ancient 
Charges  at  Makings"  art  therefore  certainly  to  be  traced  back  as  far  as  the 
middle  of  the  sixteenth  century,  and  it  is  x"-0bable  that  they  existed  at  a 
much  earlier  period 


176  OF   FELLOW   GRAFTS. 

is  directed  to  take  no  Apprentice  "  for  less  ,  A  an 
seven  years  ;"  to  take  care,  in  the  admission  ->f  an 
Apprentice,  "  that  he  do  his  lord  no  prejudice  ;';  and 
to  "  instruct  his  Apprentice  faithfully,  and  make  him 
a  perfect  workman."  And  in  the  "  Ancient  Charges 
at  Makings/7  it  is  implied  that  either  a  Master  or 
Fellow  may  take  an  Apprentice. 

These  citations  from  the  Ancient  Regulations 
need  not  be  extended.  From  them  we  may  collect 
the  facts,  or  at  least  the  very  probable  suppositions, 
that  in  the  very  earliest  history  of  the  Order, 
the  operative  character  predominating,  the  Fellow 
Crafts,  under  the  designation  of  "  Fellows,"  consti- 
tuted the  main  body  of  the  fraternity,  while  the 
Masters  were  the  superintendents  of  the  work  ; 
that  at  a  later  period,  about  the  beginning  of  the 
eighteenth  century,  the  speculative  character  pre- 
dominating, the  Apprentices  arose  in  dignity  and 
became  the  body  of  the  fraternity,*  while  the  Fel- 
low Crafts  and  Master  Masons  were  intrusted  with 
the  offices  ;  and  that  still  later,  at  some  time  in  the 
course  of  the  eighteenth  century,  which  certainly 
was  not  very  long  after  the  year  1725,  the  Ap- 
prentices and  Fellow  Crafts  descended  into  a  sub- 
ordinate position,  just  such  an  one  as  the  former 

*  T)r.  OLIVER,  in  his  "  Dissertation  on  the  State  of  Freemasonry  in  the 
Eighteenth  Century,"  corroborates  this  view.  He  says  :  "  Thus  our  brethren 
of  the  eighteenth  century  seldom  advanced  beyond  the  first  degree.  Few 
were  passed,  and  still  fewer  were  raised  from  their  '  mossy  bed.'  The  Mas 
ter's  degree  appears  to  have  been  much  less  comprehensive  than  at  present ; 
and  for  some  years  after  the  revival  of  Masonry,  the  third  degree  was  iinap 
proacbable  to  those  who  lived  at  a  distance  from  London." 


OF   FELLOW   CRAFTS.  177 

class  had  originally  occupied,  and  the  Master  Masors 
alone  composed  the  body  of  the  craft. 

At  the  present  day,  Fellow  Crafts  possess  no 
more  rights  and  prerogatives  than  do  Ervtered  Ap- 
prentices. Preston,  indeed,  in  his  charge  to  a  can- 
didate who  has  been  passed  to  that  degree,  says 
that  he  is  entitled  in  the  meetings  to  express  his 
"  sentiments  and  opinions  on  such  subjects  as  are 
regularly  introduced  in  the  lecture,  under  the  super- 
intendence of  an  experienced  Master,  who  will 
guard  the  landmark  against  encroachment,"  If  this 
only  means  that  in  the  course  of  instruction  he  may 
respectfully  make  suggestions  for  the  purpose  of 
eliciting  further  information,  no  one  will,  I  pre- 
sume, be  willing  to  deny  such  a  privilege.  But  the 
traditional  theory  that  Apprentices  weie  not  per- 
mitted to  speak  or  vote,  but  that  Fellow  Crafts 
might  exercise  the  former  right,  but  not  the  latter, 
has  no  foundation  in  any  positive  law  that  I  have 
been  enabled  to  discover.  I  have  never  seen  this 
prerogative  of  speaking  assumed  by  a  Fellow  Craft 
in  this  country,  and  doubt  whether  it  would  be  per- 
mitted in  any  well  regulated  Lodge. 

It  was  certainly  the  usage  to  permit  both  Appren- 
tices and  Fellow  Crafts  to  vote,  as  well  as  to  speak, 
but  there  never  was  such  a  distinction  as  that  al- 
luded to  in  the  text.  The  Old  Regulations  of  the 
Grand  Lodge  of  England  provided  that  "  the  Grand 
Master  shall  allow  any  Brother,  a  Fellow  Craft,  or 
Entered  Prentice,  to  speak,  directing  his  discourse 
to  his  worship  in  the  chair  ;  or  to  make  any  motion 

8* 


178  OF   FELLOW   CRAFTS. 

for  the  good  of  the  fraternity,  which  shall  be  either 
immediately  considered,  or  else  referred  to  the  con- 
sideration of  the  Grand  Lodge,  at  their  next 
communication,  stated  or  occasional."  But  this  regu- 
lation has  long  since  been  abrogated. 

Fellow  Crafts  formerly  possessed  the  right  of 
being  elected  Wardens  of  their  Lodge,*  and  even  of 
being  promoted  to  the  elevated  post  of  Grand 
Master,f  although,  of  course — and  the  language  of 
the  Regulation  implies  the  fact — a  Fellow  Craft 
who  had  been  elected  Grand  Master,  must,  after  his 
election,  be  invested  with  the  Master's  degree. 

At  the  present  day,  Fellow  Crafts  possess  no 
other  rights  than  those  of  sitting  in  a  Lodge  of 
their  degree,  of  applying  for  advancement,  and 
of  being  tried  by  their  peers  for  Masonic  offences, 
with  the  necessary  privilege  of  an  appeal  to  the 
Grand  Lodge.  But,  as  in  the  exercise  of  these 
rights,  all  that  has  been  said  in  the  preceding  chap- 
ter, as  relating  to  Entered  Apprentices,  is  equally 
applicable  to  Fellow  Crafts,  the  discussion  need  not 
be  repeated. 

*  "  No  Brother  can  be  a  Warden  until  he  has  passed  the  part  of  a  Fellow 
Ci-aft." — Charges  0/1722.  In  the  manner  of  constituting  a  new  Lodge,  as 
practised  by  his  Grace  the  Duke  of  Wharton,  (ANDERSON'S  Const.,  first  ed. 
p.  72,)  it  is  said  :  "  Then  the  Grand  Master  desires  the  hew  Master  to  enter 
immediately  upon  the  exercise  of  his  office,  in  chusing  his  Wardens  ;  and 
the  new  Master,  calling  forth  two  Fellow  Craft,  presents  them  to  the  Grand 
Master." 

t  "  No  Brother  can  be  ....  Grand  Master  unless  he  has  been  a  Fellow 
Craft  before  his  election."— Charges  of  1722. 


CHAPTER   III. 
t    f&aster 


WHEN  an  iir'tiate  has  been  raised  to  "  the  sublime 
degree  of  a  Master  Mason,"  he  becomes,  strictly 
speaking,  under  the  present  regulations  of  our 
institution,  an  active  member  of  the  fraternity, 
invested  with  certain  rights,  and  obligated  to  the 
performance  of  certain  duties,  which  are  of  so 
extensive  and  complicated  a  nature  as  to  demand 
a  special  consideration  for  each. 

Of  the  rights  of  Master  Masons,  the  most  im- 
portant are  the  following  : 

1.  THE  RIGHT  OF  MEMBERSHIP, 

2.  THE  RIGHT  OF  AFFILIATION  ; 

3.  THE  RIGHT  OF  VISIT; 

4.  THE  RIGHT  OF  AVOUCHMENT; 

5.  THE  RIGHT  OF  RELIEF; 

6.  THE  RIGHT  OF  DEMISSION  ; 

7.  THE  RIGHT  OF  APPEAL  ; 

8.  THE  RIGHT  OF  BURIAL  ; 

9.  THE  RIGHT  OF  TRIAL. 

Each  of  these  important  rights,  except  the  last, 
will  be  made  the  topic  of  a  distinct  section.  The 


180  EIGHT   OF   MEMBERSHIP. 

consideration  of  the  Right  of  Trial,  as  it  forms  a 
natural  concomitant  to  the  doctrine  of  Masonic 
crimes  and  punishments,  will  therefore  be  more 
properly  considered  in  a  subsequent  part  of  this 
work,  where  it  will  find  its  legitimate  place. 

SECTION  I. 

OF  THE  RIGHT  OF  MEMBERSHIP 

The  first  right  which  a  Mason  acquires,  after  the 
reception  of  the  third  degree,  is  that  of  claiming 
membership  in  the  Lodge  in  which  he  has  been  ini- 
tiated. The  very  fact  of  his  having  received  that 
degree,  makes  him  at  once  an  inchoate  member  of 
the  Lodge — that  is  to  say,  no  further  application  is 
necessary,  and  no  new  ballot  is  required  ;  but  the 
candidate,  having  now  become  a  Master  Mason, 
upon  signifying  his  submission  to  the  regulations 
of  the  Society,  by  affixing  his  signature  to  the  book 
of  by-laws,  is  constituted,  by  virtue  of  that  act,  a 
full  member  of  the  Lodge,  and  entitled  to  all  the 
rights  and  prerogatives  accruing  to  that  position. 

The  ancient  Constitutions  do  not,  it  is  true,  ex- 
press this  doctrine  in  so  many  words  ;  but  it  is  dis- 
tinctly implied  by  their  whole  tenor  and  spirit,  as 
well  as  sustained  by  the  uniform  usage  of  the  craft, 
in  all  countries.  There  is  one  passage  in  the  Regu- 
lations of  1721  which  clearly  seems  to  intimate  that 
there  were  two  methods  of  obtaining  membership 
in  a  Lodge,  either  by  initiation,  when  the  candidate 
is  said  tc  be  "  entered  a,  "Brother,"  or  by  what  is 


•BIGHT   OF   MEMBERSHIP.  181 

now  called  "  affiliation,"  when  the  applicant  is  said 
to  be  "  admitted  to  be  a  member."  But  the  whole 
phraseology  of  the  Regulation  shows  that  the  rights 
acquired  by  each  method  were  the  same,  and  that 
membership  by  initiation  and  membership  "by  affilia- 
tion effected  the  same  results.*  The  modern  Con 
stitutions  of  the  Grand  Lodge  of  England  are 
explicit  on  the  subject,  and  declare  that  "  every 
Lodge  must  receive  as  a  member,  without  further 
proposition  or  ballot,  any  Brother  initiated  therein, 
provided  such  Brother  express  his  wish  to  that 
effect  on  the  day  of  his  initiation. "t 

The  Constitution  of  the  Grand  Lodge  of  New 
York  announces  a  similar  doctrine  ;J  and,  in  fact,  I 
have  not  met  with  the  by-laws  of  any  particular 
Lodge  in  which  it  is  not  laid  down  as  a  principle, 
that  every  initiate  is  entitled,  by  his  reception  in 
the  third  degree,  to  claim  the  privilege  of  member- 
ship in  the  Lodge  in  which  he  has  been  initiated. 

The  reason  of  this  universal  Regulation,  (so  uni- 
versal that  were  it  not  for  the  fact  that  membership 
itself,  as  a  permanent  characteristic,  is  of  modern 
origin,  it  might  almost  claim  to  be  a  Landmark,)  is 
at  once  evident.  He  who  has  been  deemed  worthy, 
after  three  ordeals,  to  receive  all  the  mysteries  that 

*  The  passage  referred  to  is  to  be  found  in  Art.  vi.  of  the  Regulations  of 
1721. — See  ante, p.  66.  The  preceding  Regulation  says  :  "  No  man  can  be 
made  or  admitted  a  member,"  where  clearly  it  is  meant  that  a  man  "  is  made  " 
a  member  by  initiation,  and  "  admitted  "  by  affiliation,  upon  petition. 

t  Const,  of  G.  L.  of  England,  of  Private  Lodges,  §  16,  p.  64. 

•f  "  Initiation  makes  a  man  a  Mason ;  but  he  must  receive  the  Master 
Mason's  degree,  and  sign  the  by-laws,  before  he  becomes  a  member  of  the 
Lodge."—  OcmsL  G.  L.  of  N.  Y.,  §  8,  subd.  15. 


182  RIGHT   OF   MEMBERSHIP. 

it  is  in  the  power  of  a  Lodge  to  communicate,  can- 
not, with  any  show  of  reason  or  consistency,  be 
withheld  from  admission  into  that  household,  whose 
most  important  privileges  he  has  just  been  permitted 
to  share.  If  properly  qualified  for  the  reception  of 
the  third  degree,  he  must  be  equally  qualified  for 
the  rights  of  membership,  which,  in  fact,  it  is  the 
object  of  the  third  degree  to  bestow  ;  and  it  would 
be  needless  to  subject  that  candidate  to  a  fourth 
ballot,  whom  the  Lodge  has  already,  by  the  most 
solemn  ceremonies,  three  times  declared  worthy 
"  to  be  taken  by  the  hand  as  a  Brother."  And 
hence  the  Grand  Lodge  of  England  has  wisely  as- 
signed this  as  a  reason  for  the  law  already  quoted, 
namely,  that  "  no  Lodge  should  introduce  into 
Masonry  a  person  whom  the  Brethren  might  con- 
sider unfit  to  be  a  member  of  their  own  Lodge."* 

But  this  inchoate  membership  is  to  be  perfected, 
it  will  be  recollected,  by  the  initiate,  only  upon  his 
affixing  his  signature  to  the  by-laws.  He  does  not 
by  his  mere  reception  into  the  third  degree,  become 
a  member  of  the  Lodge.  He  may  not  choose  to 
perfect  that  indication  ;  he  may  desire  to  affiliate 
with  some  other  Lodge  ;  and  in  such  a  case,  by  de- 
clining to  affix  his  signature  to  the  by-laws,  he  re- 
mains in  the  condition  of  unaffiliation.  By  having 
been  raised  to  the  third  degree,  he  acquires  a  claim 
to  membership,  but  no  actual  membership.  It  is 
left  to  his  own  option  whether  he  will  assert  or  for- 
feit that  claim.  If  he  declines  to  sign  the  by-law,s 

*  Const.  Grand  Lodj^c  of  England,  ut  supra. 


HIGHT  OF  MEMBERSHIP.  18b 

he  forfeits  his  claim  ;  if  he  signs  them,  he  asserts  it, 
and  becomes  ipso  facto  a  member. 

Now,  the  next  question  that  arises  is,  how  long 
does  the  right  of  asserting  that  claim  inure  to  the 
candidate  ;  in  other  words,  how  long  is  it  after  his 
reception  that  the  recipient  may  still  come  forward, 
and  by  affixing  his  signature  to  the  by-laws,  avail 
himself  of  his  right  of  membership,  and  without 
further  application  or  ballot,  be  constituted  a  mem- 
ber of  the  Lodge  in  which  he  has  been  initiated  ? 

Although  the  landmarks  and  ancient  Constitu- 
tions leave  us  without  any  specific  reply  to  this 
question,  analogy  and  the  just  conclusions  to  be  de 
rived  from  the  reason  of  the  law,  are  amply  sufficient 
to  supply  us  with  an  answer. 

The  newly  made  candidate,  it  has  already  been 
intimated,  possesses  the  right  to  claim  his  member- 
ship without  further  ballot,  on  the  reasonable  ground 
that,  as  he  was  deemed  worthy  of  reception  into  the 
third  degree,  it  would  be  idle  to  suppose  that  he 
was  not  equally  worthy  of  admission  into  full 
membership  ;  and  we  have  seen  that  this  was  the 
reason  assigned  by  the  Grand  Lodge  of  England 
for  the  incorporation  of  this  provision  into  its 
constitution. 

Now,  this  is  undoubtedly  an  excellent  and  un- 
answerable reason  for  his  admission  to  membership, 
immediately  upon  his  reception.  But  the  reason 
loses  its  force  if  any  time  is  permitted  to  elapse 
between  the  reception  of  the  degree  and  the  admis- 
sion to  membership.  No  man  knows  what  a  da\ 


184  BIGHT   OF   MEMBERSHIP. 

may  bring  forth.  He  that  was  worthy  on  Honda} , 
may  on  Tuesday  have  committed  some  act  by  which 
his  worthiness  will  be  forfeited.  It  may  be  true,  as 
the  Roman  satirist  expresses  it,  that  no  man  becomes 
suddenly  wicked  ;*  and  it  may  be  reasonable  to  sup- 
pose that,  for  some  time  after  his  initiation,  the 
habits  and  character  of  the  initiate  will  remain  un- 
changed, and  therefore  that  for  a  certain  period  the 
members  of  the  Lodge  will  be  justified  in  believing 
the  candidate  whom  they  have  received  to  continue 
in  possession  of  the  same  qualifications  of  charac- 
ter and  conduct  which  had  recommended  and  ob- 
tained his  reception.  But  how  arc  we  to  determine 
the  extent  of  that  period,  and  the  time  when  it  will 
be  unsafe  to  predicate  of  the  recipient  a  continuance 
of  good  character  ?  It  is  admitted  that  after  three 
months,  it  would  be  wrong  to  draw  any  conclusions 
as  to  the  candidate's  qualifications,  from  what  was 
known  of  him  on  the  day  of  his  reception  ;  and  ac- 
cordingly many  Lodges  have  prescribed  as  a  regu- 
lation, that  if  he  does  not  within  that  period  claim 
his  right  of  membership,  and  sign  the  by-laws,  that 
right  shall  be  forfeited,  and  he  can  then  only  be  ad- 
mitted upon  application,  and  after  ballot.  But  why 
specify  three  months,  and  not  two,  or  four,  or  six  ? 
Upon  what  principle  of  ethics  is  the  number  three 
to  be  especially  selected?  The  fact  is,  that  the 
moment  that  we  permit  the  initiate  to  extend  the 
privilege  of  exercising  his  right  beyond  the  time 
which  is  concurrent  with  his  reception,  the  reasor 

*  '•  Nemo  repenfe  fuit  turpissimus."— JUVENAL. 


RIGHT   OF   MEMBERSHIP.  185 

of  the  law  is  lost.  The  candidate  having  been 
deemed  worthy  of  receiving  the  third  degree,  must, 
at  the  time  if  his  reception  of  that  degree,  also  be 
presumed  to  be  worthy  of  membership.  This  is  in 
the  reason  of  things.  But  if  a  month,  a  week,  or  a 
single  day  is  allowed  to  elapse,  there  is  no  longer  a 
certainty  of  the  continuance  of  that  worthiness  ;  the 
known  mutability  and  infirmity  of  human  character 
are  against  the  presumption,  and  the  question  of  its 
existence  should  then  be  tested  by  a  ballot. 

Again,  one  of  the  reasons  why  a  unanimous  ballot 
is  required  is,  that  a  "  fractious  member"  shall  not 
be  imposed  on  the  Lodge,  or  one  who  would  "  spoil 
its  harmony.7'*  Now,  if  A  is  admitted  to  receive 
the  third  degree  on  a  certain  evening,  with  the 
unanimous  consent  of  all  the  Lodge,  which  must,  of 
necessity,  include  the  affirmative  vote  of  B,  then  on 
the  same  evening  he  must  be  qualified  for  admission 
to  membership,  because  it  is  not  to  be  presumed  that 
B  would  be  willing  that  A  should  receive  the  third 
degree,  a\id  yet  be  unwilling  to  sit  with  him  in  the 
Lodge  as  a  fellow-member  ;  and  therefore  A  may  be 
admitted  at  once  to  membership,  without  a  needless 
repetition  of  the  ballot,  which,  of  course,  had  been 
taken  on  his  application  for  the  degree.  But  if  any 
length  of  time  is  permitted  to  elapse,  and  if,  after  a 
month,  for  instance,  A  comes  forward  to  avail  him- 
self of  his  right  of  admission,  then  he  shall  not  be 
admitted  without  a  ballot  •  because,  between  the 
time  of  his  reception  at  the  preceding  meeting,  and 

*  Regulations  of  1721,  art.   I 


t: 


186  RIGHT   OF   MEMBERSHIP. 

the  time  ^f  his  application  at  the  subsequent  ono, 
something  may  have  occurred  between  himself  and 
B,  a  member  of  the  Lodge,  which  would  render  him 
objectionable  to  the  latter,  and  his  admission  would 
then  "  spoil  the  harmony"  of  the  Lodge,  and  "  hinder 
its  freedom." 

The  Regulation,  therefore,  adopted  by  the  Grand 
Lodge  of  England,  which  prescribes  that  the  candi- 
date, to  avoid  a  ballot,  must  express  his  wish  to  be 
received  a  member  on  the  day  of  his  initiation,  that 
is,  of  his  reception  into  the  third  degree,*  seems  to 
be  the  only  proper  one.  Any  Regulation  that  ex- 
tends the  period,  and  permits  the  candidate  to  sign 
the  by-laws  and  become  a  member  without  a  ballot, 
provided  he  does  so  within  two  or  three  months,  or 
any  other  determined  period  extending  beyond  the 
day  of  his  reception,  is  contrary  to  the  spirit  and 
tenor  of  the  law,  and  is  calculated  to  be  sometimes 
of  a  mischievous  tendency.  If  the  candidate  does 
not  assert  his  right  on  the  day  of  his  reception  into 
the  third  degree,  he  loses  it  altogether  ;  and  must, 
to  acquire  membership,  submit  to  a  petition  and 
ballot,  as  in  the  case  of  any  other  affiliation. 

Before  proceeding  to  an  examination  of  the  rights 
and  duties  of  membership,  it  is  proper  that  we 
should  briefly  discuss  the  question  whether  a  Mason 

*  The  modern  Constitutions  of  the  G.  L.  of  England  constantly  use  the 
word  "  initiation"  as  synonymous  with  "  reception  into  the  third  degree." 
Thus,  on  p.  66  :  "  Each  Lodge  shall  procure  for  every  Brother  initiated 
therein  a  Grand  Lodge  certificate."  But  Grand  Lodge  certificates  are  only 
granted  to  Master  Masons,  and  therefore  the  term  initialed,  in  this  article; 
must  signify  raised  to  the  third  degree. 


EIGHT   OP   MEMBERSHIP.  187 

can  be  a  member  of  more  than  one  Lodge  at  the 
same  time.  The  Ancient  Constitutions  make  no 
allusion  to  this  double  membership,  either  by  way 
of  commendation  or  prohibition  ;  but  it  must  be  ad- 
mitted that  in  all  those  old  documents  the  phraseo 
logy  is  such  as  to  imply  that  no  Mason  belonged  to 
more  than  one  Lodge  at  a  time.  On  the  other 
hand,  however,  a  Regulation  was  adopted  by  the 
Grand  Lodge  of  England,  in  February,  1724,  pre- 
scribing that  "  no  Brother  shall  belong  to  more  than 
one  Lodge  within  the  bills  of  mortality,"*  that  is, 
in  the  city  of  London.  Now,  two  deductions  are 
to  be  made  from  the  adoption  of  such  a  Regulation 
at  so  early  a  period  as  only  two  years  after  the  ap- 
proval of  the  "  Old  Charges,"  which  are  considered 
by  many  as  almost  equivalent  to  Landmarks.  These 
deductions  are,  first,  that  at  that  time  Masons  were 
in  the  habit  of  joining  more  than  one  Lodge  at  a 
time,  and  secondly,  that  although  the  Grand  Lodge 
forbade  this  custom  in  the  Lodges  of  the  city,  it  had 
no  objection  to  its  being  continued  in  the  country. 
But  the  Regulation  does  not  seem  ever  to  have  been 
enforced  ;  for,  in  1738,  Dr.  Anderson  found  occasion 
to  write,  "  But  this  Regulation  is  neglected,  for 
several  reasons,  and  is  now  obsolete" — a  remark 
that  is  repeated  in  1756,  in  the  third  edition  of  the 
Book  of  Constitutions.'!" 

I  doubt  the  expediency  of  any  Mason  being  an 
active  member  of  more  than  one  Lodge,  and  I  am 

*  See  ANDERSON'S  Constitutions,  edit.  1738,  p.  154. 
t  Book  of  Const,  edit.  1756,  p.  313. 


188  RIGHT   OF   MEMBERSHIP. 

sure  of  its  inconveniency  to  himself.*  Yet,  if  any 
one  is  disposed  to  submit  to  this  inconvenience,  I 
know  of  no  Landmark  or  ancient  Regulation  that 
forbids  him.  The  Old  Charge,  which  says  that 
every  Mason  should  belong  to  a  Lodge,  does  not 
imply  that  he  may  not  belong  to  two  ;  but  in  that 
case,  suspension  or  expulsion  by  one  Lodge  would 
act  as  suspension  or  expulsion  by  both.  As,  how- 
ever, this  matter  constitutes  no  part  of  Ancient 
Masonic  Law,  it  is  competent  for  any  Grand  Lodge 
to  make  a  local  Regulation  on  the  subject,  which 
will  of  course  be  of  force  in  its  own  jurisdiction. t 

*  "  It  is  as  true  in  Masonry  as  elsewhere  that  no  man  can  serve  two  mas- 
ters. Whenever  tried,  the  impossibility  of  rendering  a  divided  allegiance 
perfect  in  each  case,  becomes  at  once  apparent.  The  call  of  one  body  may 
lie  in  exactly  a  contrary  direction  from  that  of  the  other,  given  at  the  same 
instant  of  time.  A  member  of  two  or  more  Lodges  may  be  summoned  tc 
appear  before  each,  with  which  he  is  thus  connected,  on  the  same  evening. 
How, then,  is  he  to  fulfill  his  duties  ?  Which  summons  should  he  obey  ?"•- 
Com.  For.  Corres.  G.  L.  of  Illinois,  1845,  p.  54. 

f  Thus  the  Grand  Lodge  of  Virginia  says  :  "  Any  Brother  may  be  a  mem- 
ber of  as  many  Lodges  as  choose  to  admit  him." — Method.  Digest  in 
DOVE'S  Masonic  Text-Book,  p.  252.  The  Grand  Lodge  of  South  Carolina 
says  :  "  No  Brother  shall  be  a  member  of  two  Lodges  at  the  same  time 
within  three  miles  of  each  other,  without  a  dispensation  from  the  Grand 
Master." — Rules  and  Regulations,  xix.  16.  The  Grand  Lodge  of  New 
York  prescribes  that "  no  Mason  can  be  in  full  membership  in  more  than 
one  Lodge  at  the  same  time." — Const.,  tit.  v.,  §  25.  I  find  also  the  following 
Regulations  in  other  Grand  Lodges  : "  No  Brother  shall  be  a  member  of  more 
than  one  subordinate  Lodge  at  the  same  time." — Const.  G-.  L.  New  Hamp 
"  No  Lodge  shall  admit  to  membership  any  Brother  who  is  already  a  mem- 
ber of  a  Lodge  und«r  the  jurisdiction  of  the  Grand  Lodge." — Const.  G.  L. 
Maryland.  "  No  Brother  can  be  a  member  of  more  than  one  Lodge  at  the 
same  time." — Const.  Or.  L.  Missouri.  "  No  Brother  shall  be  a  member  of 
more  than  one  Lodge." — Const.  G.  L.  Michigan.  The  Grand  Lodges  of 
England  and  Ireland,  and  I  think  of  Scotland,  permit  Masons  to  be  members 
of  more  than  one  Lodge,  but  not  to  hold  office  in  each,  except  by 


'RIGHT   OF   MEMBERSHIP.  189 

Where  there  is  no  such  local  Regulation^  a  Mason 
may  be  a  member  of  as  many  Lodges  as  he  pleases, 
and  which  will  admit  him. 

Honorary  membership  is  quite  a  recent  invention, 
and  is  now  conferred  only  as  a  mark  of  distinction 
on  Brethren  of  great  talents  or  merits,  who  have 
been  of  service,  by  their  labors  or  their  writings,  to 
the  fraternity.  It  confers  no  powers  on  the  re- 
cipient like  those  which  are  the  results  of  active  or 
full  membership,  and  amounts  to  no  more  than  a 
testimonial  of  the  esteem  and  respect  entertained  by 
the  Lodge  which  confers  it  for  the  individual  upon 
whom  it  is  conferred. 

The  Virginia  Committee  on  Masonic  Jurispru- 
dence in  1856,  give  a  different  definition  of  honor- 
ary membership.  They  say : "  We  mean  by  honorary 
member  one  who  is  entitled  to  all  the  privileges  and 
honors  conferred  by  Lodge  membership,  while  he  is 
exempt  from  all  the  requirements  of  such  Lodge,  as 
set  forth  in  its  by-laws  ;  he  pays  no  dues,  attends  no 
summons,  except  voluntarily,"*  &c.  If  by  the  ex- 

sation.  Dr.  OLIVER  calls  the  rule  forbidding  this  double  membership  "  an 
absurd  law."  On  the  whole,  after  due  investigation,  I  am  led  to  believe  that 
formerly  it  was  by  no  means  unusual,  as  is  now  the  case  in  Europe,  for 
Masons  to  belong  to  more  Lodges  than  one,  but  that  recently  a  disposition 
has  been  exhibited  among  our  Grand  Lodges  to  discountenance  the  practice. 
As  I  have  already  said,  it  is  to  be  regarded  altogether  as  a  mere  matter  of 
local  regulation.  If  not  prohibited  by  a  special  Regulation  of  a  Grand  Lodge, 
it  is  not  forbidden  by  the  Landmarks  and  Ancient  Constitutions. 

*  The  cases  to  which  the  Virginia  Committee  confine  honorary  member- 
ship seem  to  show  that  they  viewed  it  as  differing  in  no  respect  from  active 
or  full  membership.  It  should,  they  think,  be  conferred  only  on  a  poor 
Brother  who  cannot  afford  to  pay  arrears ;  on  a  Past  Master,  who  is  needed 


190  RIGHT   OF  MEMBERSHIP. 

pression,  "  who  is  entitled  to  all  the  privilege*  and 
honors  conferred  by  Lodge  membership,"  the  com- 
mittee, as  the  words  purport,  intend  to  convey  the 
idea  that  such  a  member  may  vote  on  all  questions 
before  the  Lodge,  as  well  as  on  petitions  and  at 
elections,  may  hold  office,  and  represent  the  Lodge 
in  the  Grand  Lodge,  I  can  see  no  difference  between 
a  Mason  occupying  such  a  position  of  honoraiy 
membership  and  one  holding  membership  in  two 
Lodges  at  the  same  time.  Such  an  honorary  mem- 
ber is  nothing  more  than  an  active  member,  excused 
by  the  Lodge  from  the  payment  of  annual  dues.  I 
have  just  shown  that  there  is  no  constitutional  ob- 
jection to  such  a  condition  of  things,  if  the  local 
regulations  of  the  jurisdiction  permit  it,  however 
its  expediency  may  be  doubted.  But  this  is  not 
the  kind  of  honorary  membership  which  is  gene- 
rally understood  by  that  title.  Lexicographers  cer- 
tainly give  a  very  different  definition  of  the  word. 
Johnson,  for  instance,  defines  honorary  as  "  confer- 
to  organize  a  new  Lodge,  and  yet  who  is  unwilling  to  leave  his  own  ;  on  old 
members  of  a  dormant  Lodge,  whose  names  are  necessary  after  their  affilia 
tion  with  other  Lodges,  for  the  purpose  of  reviving  the  dormant  one  ;  and  on 
Masons  called  by  duty  to  be  absent  for  a  length  of  time  in  a  foreign  country, 
in  which  case  honorary  membership,  instead  of  a  demit,  is  to  be  granted. 
It  is  strange,  with  this  last  case  in  view,  that  the  Committee  should  have 
closed  this  part  of  their  report  with  the  declaration  that  they  "  disapprove 
of  the  practice  of  electing  to  honorary  membership,  when  that  election 
exempts  the  brother  from  all  or  any  of  the  requirements  of  Masonry."  I  can 
conceive  of  no  greater  drone  in  the  Masonic  hive  than  the  Mason  who,  be- 
cause be  is  about  to  leave  home  for  a  temporary  period,  would  require  a  do- 
mit,  that  he  might  be  exempted  from  the  payment  of  annual  dues  during  his 
absence.  Certainly  such  a  Mason  is  the  last  man  to  be  entitled  to  an 
honorarium  from  the  Order. 


EIGHT   OP   MEMBERSHIP.  191 

ring  honor  without  gain,"  and  he  cites  the  follow- 
ing example  of  the  word  from  Addison  :  "  Tlie 
Romans  abounded  with  little  honorary  rewards,  that 
without  conferring  wealth  and  riches,  gave  only 
place  and  distinction  to  the  person  who  received 
them."  Webster  also  says  that  the  word  honorary 
signifies  "  possessing  a  title  or  place,  without  per- 
forming services  or  receiving  a  reward,  as  an  honor- 
ary member  of  a  society."  In  this  view,  honorary 
membership  will  be  a  pleasing  token  of  the  estima- 
tion in  which  a  distinguished  Brother  is  held,  and 
will  be  conferred  honoris  causa,  for  the  sake  of  the 
honor  which  it  conveys,  without  bringing  with  the 
acquisition  any  rights  or  prerogatives,  which  should 
belong  alone  to  active  membership.*  If  this  title 
of  merit  is  hereafter  to  be  adopted,  as  it  seems  pro- 
bable that  it  will  be,  as  a  usage  of  the  fraternity,  it 
is  almost  needless  to  say  that  it  should  be  conferred 
only  on  one  who  is  affiliated  by  active  membership 
in  some  other  Lodge.  Unaffiliated  Masons  should 
receive  none  of  the  honors  of  the  craft. 

The  Committee  of  Foreign  Correspondence  of  the 
Grand  Lodge  of  North  Carolina,  in  1851,  used  this 
language  :  "  We  condemn  this  principle  [honor- 
ary membership]  as  un-masonic  and  improper.  No 

*  The  Constitution  of  the  Grand  Lodge  of  New  York  recognizes  the  con 
dition  of  honorary  membership,  and  defines  honorary  members  as  b,^mg 
"  members  of  a  Subordinate  Lodge  by  adoption" — a  definition  which  1  confess 
I  am  at  a  loss  to  comprehend.  It  prescribes  that  it  may  be  conferred  on  a 
poor  Brother  who  is  unable  to  pay  dues,  which,  if  he  is  invested  with  the 
right  of  voting  and  holding  office,  is,  as  I  have  said  above,  only  active  nenr> 
bership,  without  the  payment  of  arrearages. 


192  EIGHT   OF   MEMBERSHIP. 

ancient  precedent  can  be  given — no  ancient  lan- 
guage cited  to  justify  it.  It  is  following  too  much 
after  the  devices  and  delusions  of  the  world.  We 
are  taught  that  worldly  honor  should  not  be  made 
to  bear  upon  a  person's  advancement  in  the  honors 
oi  Masonry.  It  is  only  the  Mason  who  can  best 
ivorlc  who  should  be  advanced  and  made  honorable 
in  the  Order."  Granted,  and  this  is  exactly  what  is 
proposed  to  be  done  by  the  establishment  of  honor- 
ary membership.  Masons  who  have  wrought  dili- 
gently in  the  Order,  and  for  the  Order,  who  by 
their  labors  have  instructed  their  brethren  and 
elevated  the  character  of  the  institution,  should 
"  be  advanced  and  made  honorable  in  the  Order  ;" 
and  I  know  of  no  easier  and  yet  more  gratifying 
method  of  doing  so  than  by  electing  them  as  honor- 
ary members.  Other  societies,  literary  and  profes- 
sional, have  adopted  this  system  of  rewarding  thos^ 
who  have  faithfully  labored  in  their  respective 
vineyards  ;  and  I  can  see  no  valid  objections,  but 
many  excellent  reasons,  why  Masonry  should  adopt 
the  same  course.  If  to  reward  merit  be  one  of  the 
k'  devices  and  delusions  of  the  world,"  the  sooner 
we  allow  it  to  lead  us  onward,  the  better  for  us  and 
the  institution. 

Having  thus  disposed  of  the  questions  of  double 
and  of  honorary  membership,  it  is  proper  that  we 
should  now  inquire  into  the  prerogatives,  as  well  as 
the  duties  which  result  from  active  membership  in  a 
Masonic  Lodge. 

Every  Master  Mason,  who  is  a  member  of  a  Lodge, 


RIGHT   OF   MEMBERSHIP.  193 

has  a  right  to  speak  and  vote  on  all  questions  that 
come  before  the  Lodge  for  discussion,  except  OIL 
trials  in  which  he  is  himself  interested.  Rules  of 
order  may  be  established  restricting  the  length  and 
number  of  speeches,  but  these  are  of  a  local  nature, 
and  will  vary  with  the  by-laws  of  each  Lodge. 

A  Mason  may  also  be  restricted  from  voting  on 
ordinary  questions  where  his  dues  for  a  certain 
period — generally  twelve  months — have  not  been 
paid  ;  and  such  a  Regulation  exists  in  almost  every 
Lodge.  But  no  local  by-law  can  deprive  a  member 
who  has  not  been  suspended,  from  voting  on  the 
ballot  for  the  admission  of  candidates,  because  the 
Sixth  Regulation  of  1721  distinctly  requires  that 
each  member  present  on  such  occasion  shall  give 
his  consent  before  the  candidate  can  be  admitted.* 
And  if  a  member  were  deprived,  by  any  by-law  of 
the  Lodge,  in  consequence  of  non-payment  of  his 
dues,  of  the  right  of  expressing  his  consent  or  dis- 
sent, the  ancient  Regulation  would  be  violated,  and 
a  candidate  might  be  admitted  without  the  unani- 
mous consent  of  all  the  members  present. 

Every  member  of  a  Lodge  is  eligible  to  any  office 
in  the  Lodge,  except  that  of  Worshipful  Master. 
Eligibility  for  this  latter  office  is  only  to  be  acquired 
by  having  previously  held  the  office  of  a  Warden.t 

*  "  But  no  man  can  be  entered  a  Brother  of  any  particular  Lodge,  or  ad- 
mitted to  be  a  member  thereof,  without  the  unanimous  consent  of  all  the 
members  of  that  Lodge  then  present  when  the  candidate  is  proposed." — 
Reg.  0/1721,  art.  vi. 

t  "  No  Brother  can  be  a  Warden  until  he  has  passed  the  part  of  a  Fellow 
Craft ;  nor  a  Master  until  he  has  acted  as  a  Warden."-—  Charges  of  1722, 


194  EIGHT   OF   MEMBERSHIP. 

But  in  the  instance  of  new  Lodges,  the  Grand  Mas- 
ter may,  by  his  dispensation,  authorize  any  compe- 
tent Master  Mason  to  discharge  the  duties  of  Master 
In  cases  of  emergency  also,  in  old  Lodges,  where 
none  of  the  Past  officers  are  willing  to  serve,  the 
Grand  Master  may  issue  his  dispensation  authoriz- 
ing the  Lodge  to  select  a  presiding  officer  from  the 
floor.  But  this  can  only  be  done  with  the  consent 
of  all  the  Wardens  and  Past  Masters  ;  for,  if  any 
one  of  them  is  willing  to  serve,  the  Lodge  shall  not 
be  permitted  to  elect  a  Brother  who  has  not  pre- 
viously performed  the  duties  of  a  Warden. 

The  payment  of  dues  is  a  duty  incumbent  on  all 
the  members  of  a  Lodge,  which,  although  of  com- 
paratively recent  date,  is  now  of  almost  universal 
usage.  Formerly,  that  is  to  say,  before  the  revival 
of  Masonry  in  1717,  Lodges  received  no  warrants  ; 
but  a  sufficient  number  of  Brethren,  meeting  to- 
gether, were  competent  to  make  Masons,  and  prac- 
tice the  rites  of  Masonry.*  After  the  temporary 
business  which  had  called  them  together  had  been 
performed,  the  Lodge  was  dissolved  until  some  simi- 
lar occasion  should  summon  the  Brethren  again 
'  ogether.  There  was  then  no  permanent  organiza- 
tion— no  necessity  for  a  Lodge  fund — and  conse- 
quently no  Regulation  requiring  the  payment  of 
annual  dues.  When  Lodges,  however,  became  per- 

.''.  Fellow  Crafts  then  constituted  the  body  of  the  fraternity.  Master 
Masons  have  now  taken  their  place,  and  whatever  is  said  in  the  Old  Const) 
tntions  of  the  former,  is  at  tin's  day,  in  general,  applicable  to  the  lattei . 

*  PKESTON,  lUustralimis,  p.  182 


BIGHT  OF   MEMBERSHIP.  195 

manently  established  by  warrants  of  Constitution, 
permanent  membership  followed,  and  of  course  the 
payment  of  some  contribution  was  required  from 
each  member  as  a  fund  towards  defraying  the  ex- 
penses of  the  Lodge.  It  is  not  a  general  Masonic 
duty,  in  which  the  Mason  is  affected  towards  the 
whole  body  of  the  craft,  as  in  the  duty  of  moral 
deportment,  but  is  to  be  regarded  simply  in  the 
light  of  a  pecuniary  contract,  the  parties  to  which 
are  the  Lodge  and  its  members.  Hence  it  is  not 
prescribed  or  regulated  by  any  of  the  Ancient  Con- 
stitutions, nor  is  it  a  matter  with  which  Grand 
Lodges  should  ever  interfere.  However,  as  the 
non-payment  of  dues  to  a  Lodge  has  of  late  years 
been  very  generally  considered  as  a  Masonic  offence, 
(which,  by  the  way,  it  is  not  always,)  and  as  punish- 
ment  of  some  kind  has  been  adopted  for  its  enforce- 
ment, this  subject  will  be  again  resumed  when  we 
arrive  at  that  part  of  the  present  work  which  treats 
of  Masonic  crimes  and  punishments. 

The  other  rights  and  duties  of  Master  Masons, 
which  are  in  part  connected  with  the  condition  of 
membership,  such  as  the  right  of  demission,  of  visil 
and  of  relief,  are  so  important  in  their  nature  as  tc 
demand  for  each  a  separate  section. 


196  RIGHT   OP    AFFILIA110N. 

SECTION  II. 
OF    THE    RIGHT    OF    AFFILIATION. 

Masonic  membership  is  acquired,  as  I  have  already 
said,  in  two  ways  ;  first,  by  initiation  into  a  Lodge, 
and  secondly,  by  admission,  after  initiation,  into 
another  Lodge,  upon  petition  and  ballot.  The  for- 
mer method  constituted  the  subject  of  discussion  in 
the  previous  section ;  the  latter,  which  is  termed 
"  affiliation/'  will  be  considered  in  the  present. 

All  the  rights  and  duties  that  accrue  to  a  Master 
Mason,  by  virtue  of  membership  in  the  Lodge  in 
which  he  was  initiated,  likewise  accrue  to  him  who 
has  been  admitted  to  membership  by  affiliation. 
There  is  no  difference  in  the  relative  standing  of 
either  class  of  members :  their  prerogatives,  their 
privileges,  and  their  obligations  are  the  same.  It 
is  therefore  unnecessary  to  repeat  what  has  been 
said  in  the  preceding  section  in  reference  to  the 
rights  of  membership,  as  everything  that  was  there 
written  respecting  members  admitted  upon  their  re- 
ception of  the  third  degree,  equally  applies  to  those 
who  have  been  admitted  by  application. 

There  is,  however,  a  difference  in  these  methods 
of  admission.  It  has  been  seen  that  those  who 
acquire  membership  in  a  Lodge,  by  virtue  of  having 
received  therein  the  third  degree,  obtain  thaj;  mem- 
bership as  a  matter  of  right,  without  petition  and 
without  ballot.  But  a  Master  Mason,  who  is  desir- 
ous of  affiliating  with  a  Lodge  in  which  he  was  not 
initiated,  or  in  which,  after  initiation,  he  had  at  tlia 


RIGHT   OP   AFFILIATION.  197 

legal  time  declined  or  neglected  to  assert  his  right 
of  membership,  must  apply  by  petition.  This  peti- 
tion must  be  Tead  at  a  regular  communication  of  the 
Lodge,  and  be  referred  to  a  committee  of  investi- 
gation, which  committee,  at  the  next  regular  com- 
munication, (a  month  having  intervened)  will  report 
on  the  character  and  qualifications  of  the  candidate  ; 
and  if  the  report  be  favorable,  the  Lodge  will  pro- 
ceed to  ballot.  As  in  the  case  of  initiation,  the 
ballot  is  required  to  be  unanimously  in  favor  of  the 
applicant  to  secure  his  election.  One  black  ball  is 
sufficient  to  reject  him. 

All  of  these  Regulations,  which  are  of  ancient 
date  and  of  general  usage,  are  founded  on  the  fifth 
and  sixth  of  the  Regulations  of  1721,  and  are,  it 
will  be  seen,  the  same  as  those  which  govern  the 
petition  and  ballot  for  initiation.  The  Regulations 
of  1721  make  no  difference  in  the  cases  of  profanes 
who  seek  to  be  made  Masons,  and  Masons  who  de- 
sire affiliation  or  membership  in  a  Lodge.*  In 
both  cases  "  previous  notice,  one  month  before," 
must  be  given  to  the  Lodge,  "  due  inquiry  into  the 
reputation  and  capacity  of  the  candidate"  must  be 
made,  and  "  the  unanimous  consent  of  all  the  mem- 
bers then  present"  must  be  obtained.  Nor  can  this 
unanimity  be  dispensed  with  in  one  case  any  more 

*  The  fifth  Regulation  of  1721  says  :  "  No  man  can  be  made  or  admit- 
ted a  member  of  a  particular  Lodge,"  &c.,  clearly  showing  that  the  Mason 
who  is  made  in  a  Lodge,  and  the  one  who  applies  for  affiliation,  are  both 
placed  in  the  same  category.  The  phraseology  of  the  sixth  Regulation  is  to 
the  same  effect :  "  No  man  can  be  entered  a  Brother  in  any  particular  IxxJge 
or  admitted  to  be  a  member  thereof,"  &c. 


198  KIUHT   OP   AFFILIATION. 

than  it  can  in  the  other.  It  is  the  inherent  privi- 
lege of  every  Lodge  to  judge  of  the  qualifications 
01  its  own  members,  "  nor  is  this  inherent  privilege 
subject  to  a  dispensation." 

I  have  said  noth.ng  here  of  the  necessity  that  the 
petition  should  be  recommended  by  one  or  more 
members  of  the  Lodge.  Such  is  a  very  general 
usage,  but  not  a. universal  one  ;  and  I  can  find  no 
authority  for  it  in  any  of  the  ancient  Constitutions, 
nor  is  anything  said  upon  the  subject  by  Preston,  or 
any  other  written  authorities  that  I  have  consulted. 
On  the  contrary,  it  appears  to  me  that  such  a  re- 
commendation is  not  essentially  necessary.  The 
demit  from  the  Lodge  of  which  the  candidate  was 
last  a  member,  is  itself  in  the  nature  of  a  recom- 
mendation ;  and  if  this  accompanies  the  petition 
for  admission,  no  other  avouchrnent  should  be  re- 
quired. The  information  in  respect  to  present 
character  and  other  qualifications  is  to  be  obtained 
by  the  committee  of  investigation,  who  of  course 
are  expected  to  communicate  the  result  aof  what 
they  have  learned  on  the  subject  to  the  Lodge. 

Some  of  our  modern  Grand  Lodges,  however, 
governed  perhaps  by  the  general  analogy  of  appli- 
cations for  initiation,  have  required,  by  a  specific 
Regulation,  that  a  petition  for  membership  must  be 
recommended  by  one  or  more  members  of  the  Lodge  ; 
and  such  a  Regulation  would  of  course  be  Masonic 
Law  for  the  jurisdiction  in  which  it  was  in  force  ; 
but  I  confess  that  I  prefer  the  ancient  usage,  which 
eeems  to  have  made  the  presentation  of  a  demit  from 


RIGHT   OF   AFFILIATION.  199 

some  other  Lodge  the  only  necessary  recommendation 
of  a  Master  Mason  applying  for  affiliation.* 

There  is  one  difference  between  the  condition  of 
a  profane  petitioning  for  admission,  and  that  of  a 
Master  Mason  applying  for  membership,  which 
claims  our  notice. 

A  profane,  as  has  already  been  stated, t  can  apply 
for  initiation  only  to  the  Lodge  nearest  to  his  place 
of  residence  ;  but  no  such  Regulation  exists  in  refer- 
ence to  a  Master  Mason  applying  for  membership. 
He  is  not  confined  in  the  exercise  of  this  privilege 
within  any  geographical  limits.  No  matter  how 
distant  the  Lodge  of  his  choice  may  be  from  his 
residence,  to  that  Lodge  he  has  as  much  right  to  ap- 
ply as  to  the  Lodge  which  is  situated  at  the  very 
threshold  of  his  home.  A  Mason  is  expected  to 
affiliate  with  some  Lodge.  The  ancient  Constitu- 
tions specify  nothing  further  on  the  subject.  They 
simply  prescribe  that  every  Mason  should  belong  to 
a  Lodge,  without  any  reference  to  its  peculiar  lo- 
cality, and  a  Brother  therefore  complies  with  the 
obligation  of  affiliation  when  he  unites  himself  with 
any  Lodge,  no  matter  how  distant ;  and  by  thus 
contributing  to  the  support  of  the  institution,  he 

*  These  demits  or  certificates  appear  formerly  to  have  been  considered  as 
necessary  letters  of  introduction  or  recommendation,  to  be  used  by  all 
Masons  when  arriving  at  a  new  Lodge.  Thus  the  Regulations  of  1663,  §  3, 
prescribe  "  that  no  person  hereafter  who  shall  be  accepted  a  Freemason, 
shall  be  admitted  into  any  Lodge  or  assembly  until  he  has  brought  a  certifi 
cate  of  the  time  and  place  of  his  acceptation  from  the  Lodge  that  accepted 
Win,  unto  the  Master  of  that  limit  or  division  where  such  Lodge  is  kept." 

t-  See  ante,p.  K9. 


QOO  EIGHT   OF   AFFILIATION. 

discharges  his  duty  as  a  Mason,  and  becomes  entitled 
to  all  the  privileges  of  the  Order.* 

This  usage — for,  in  the  absence  of  a  positive  law 
on  the  subject,  it  has  become  a  Regulation,  from  the 
force  of  custom  only — is  undoubtedly  derived  from 
the  doctrine  of  the  universality  of  Masonry.  The 
whole  body  of  the  craft,  wheresoever  dispersed, 
being  considered,  by  the  fraternal  character  of  the 
institution,  as  simply  component  parts  of  one  great 
family,  no  peculiar  rights  of  what  might  be  called 
Masonic  citizenship  are  supposed  to  be  acquired  by 
a  domiciliation  in  one  particular  place.  The  Mason 
who  is  at  home  and  the  Mason  who  comes  from 
abroad  are  considered  on  an  equal  footing  as  to  all 
Masonic  rights  ;  and  hence  the  Brother  made,  in 
Europe  is  as  much  a  Mason  when  he  comes  to 
America,  and  is  as  fully  qualified  to  discharge  in 
America  all  Masonic  functions,  without  any  form 
of  naturalization,  as  though  he  had  been  made  in 
this  country.  The  converse  is  equally  true.  Hence 
no  distinctions  are  made,  and  no  peculiar  rights 
acquired  by  membership  in  a  local  Lodge.  Affilia- 
tion with  the  Order,  of  which  every  Lodge  is 
equally  a  part,  confers  the  privileges  of  active 
Masonry.  Therefore  no  law  has  ever  prescribed 
that  a'Mason  must  belong  to  the  Lodge  nearest  to 
his  residence,  but  generally  that  he  must  belong  to 

*  The  Charges  of  1722  simply  say,  after  describing  what  a  Lodge  is,  that 
"  every  Brother  ought  to  belong  to  one."  And  it  must  be  remembered  that, 
previous  to  that  period,  there  could  have  been  no  Regulation  on  this  subject 
is  there  were  no  permanent  organizations  of  Lodges. 


RIGHT   OF   AFFILIATION.  201 

ft  Lodge  ;  and  consequently  the  doctrine  is,  as  it  ha? 
been  enunciated  above,  that  a  Master  Masoji  may 
apply  for  affiliation,  and  unite  himself  with  any 
Lodge  which  is  legal  and  regular,  no  matter  how 
near  to,  or  how  far  from  his  place  of  residence. 

Some  Grand  Lodges  have  adopted  a  Regulation 
requiring  a  Mason,  living  in  their  respective  juris- 
dictions, to  unite  himself  in  membership  with  some 
Lodge  in  the  said  jurisdiction,  and  refusing  to 
accord  the  rights  of  affiliation  to  one  who  belongs 
to  a  Lodge  outside  of  the  jurisdiction.  But  I  have 
no  doubt  that  this  is  a  violation  of  the  spirit  of  the 
ancient  law.  A  Mason  living  in  California  may 
retain  his  membership  in  a  Lodge  in  the  State  of 
New  York,  and  by  so  doing,  is  as  much  an  affiliated 
Mason,  in  every  sense  of  the  word,  as  though  he 
had  acquired  membership  in  a  California  Lodge. 
I  do  not  advocate  the  practice  of  holding  member- 
ship in  distant  Lodges  ;  for  I  believe  that  it  is 
highly  inexpedient,  and  that  a  Mason  will  much 
more  efficiently  discharge  his  duties  tc  the  Order 
by  acquiring  membership  in  the  Lodge  which  is 
nearest  to  his  residence,  than  in  one  which  is  at  a 
great  distance  ;  but  I  simply  contend  for  the  prin- 
ciple, as  one  of  Masonic  jurisprudence,  that  a  Master 
Mason  has  a  right  to  apply  for  membership  in  any 
Lodge  on  the  face  of  the  globe,  and  that  member- 
ship in  a  Lodge  carries  with  it  the  rights  of  affilia- 
tion wherever  the  member  may  go.* 

*  As  it  is  here  contended  that  a  Mason  may  live  in  one  place  and  bo  a 
member  or  a  Lodge  in  another,  the  question  naturally  arises,  whether  1  he 


202  EIGHT   OF   AFFILIATION. 

The  effect  of  the  rejection  of  the  application  of 
a  Master  Mason  for  affiliation  is  different  from  that 
of  a  profane  for  initiation.  It  has  already  been 
said  that  when  a  profane  petitions  for  initiation 
and  his  petition  is  rejected,  he  can  renew  his  peti- 
tion only  in  the  same  Lodge.  The  door  of  every 
other  Lodge  is  closed  against  him.  But  it  is  not 
so  with  the  Master  Mason,  the  rejection  of  whose 
application  for  affiliation  or  membership  by  one 
Lodge  does  not  deprive  him  of  the  right  to  apply  to 
another.  The  reason  of  this  rule  will  be  evident 
upon  a  little  reflection.  A  Master  Mason  is  in  what 
is  technically  called  "  good  standing  ;"'  that  is  to 
say,  he  is  a  Mason  in  possession  of  all  Masonic  rights 
and  privileges,  so  long  as  he  is  not  deprived  of  that 
character  by  the  legal  action  of  some  regularly  con- 
stituted Masonic  tribunal.  Now,  that  action  must 
be  either  by  suspension  or  expulsion,  after  trial  and 
conviction.  A  Mason  who  is  neither  suspended  nor 
expelled  is  a  Mason  in  "  good  standing.'7  Rejection, 
therefore,  is  not  one  of  the  methods  by  which  the 
good  standing  of  a  Mason  is  affected,  because  re- 
jection is  neither  preceded  by  charges  nor  accom- 
panied by  trial ;  and  consequently  a  Mason  whose 
application  for  affiliation  lias  been  rejected  by  a 
Lodge,  remains  in  precisely  the  same  position,  so  far 
as  his  Masonic  standing  is  affected,  as  he  was  before 

Lodge,  within  whose  precincts  he  resides,  but  of  which  he  is  not  a  member 
can  exercise  its  discipline  over  him,  should  he  commit  any  offence  requiring 
Masonic  punishment.  There  is  no  doubt  that  it  can  ;  but  this  question  will 
be  fully  discussed  when  we  ?ome,  in  a  subsequent  part  of  this  woi'k,  to  the 
subject  of  Lodge  jurisdiction. 


RIGHT  OF   VISIT.  203 

his  rejection.  lie  possesses  all  the  rights  and  privi- 
leges that  he  did  previously,  unimpaired  and  und1'- 
minished.  But  one  of  these  rights  is  the  right  of 
applying  for  membership  to  any  Lodge  that  he  may 
desire  to  be  affiliated  with ;  and  therefore,  as  this 
right  remains  intact,  notwithstanding  his  rejection, 
he  may  at  any  time  renew  his  petition  to  the  Lodge 
that  rejected  him,  or  make  a  new  one  to  some  other 
Lodge,  and  that  petition  may  be  repeated  as  often 
as  he  deems  it  proper  to  do  so. 

The  right  of  a  member  to  appeal  to  the  Grand 
Lodge  from  the  decision  of  the  Master,  on  points  of 
order,  or  from  that  of  the  Lodge  in  cases  of  trial, 
is  a  very  important  right;  but  one  that  will  be  more 
appropriately  discussed  when  we  come  hereafter  to 
the  consideration  of  the  appellate  jurisdiction  of 
Grand  Lodges. 

SECTION  III. 

THE    RIGHT    OF   VISIT. 

The  Right  of  Visit,  may  be  defined  to  be  that  pre- 
rogative which  every  affiliated  Master  Mason  in 
good  standing  possesses  of  visiting  any  Lodge  into 
which  he  may  desire  to  enter.  It  is  one  of  the  most 
important  of  all  Masonic  privileges,  because  it  is 
based  on  the  principle  of  the  identity  of  the  Masonic 
institution  as  one  universal  family,  and  is  the  ex- 
ponent of  that  well  known  maxim  that  "  in  every 
clime  a  Mason  may  find  a  home,  and  in  every  land 
a  Brother.77 


204  BIGHT   OF   VISIT. 

Fortunately  for  its  importance,  this  right  is  not 
left  to  be  deduced  from  analogy,  or  to  be  supported 
only  by  questionable  usage,  but  is  proclaimed  in  dis- 
tinct terras  in  some  of  the  earliest  Constitutions. 
The  Ancient  Charges  at  Makings,  that  were  in 
force  in  1688,  but  whose  real  date  is  supposed  to  be 
much  anterior  to  that  time,  instruct  us  that  it  is  the 
duty  of  every  Mason  to  receive  strange  Brethren 
"  when  they  come  over  the  country,"  which  Regula- 
tion, however  the  latter  part  of  it  may  have  refer- 
red, in  an  operative  sense,  to  the  encouragement  of 
traveling  workmen  in  want  and  search  of  employ- 
ment, must  now.  in  the  speculative  character  which 
our  institution  has  assumed,  be  interpreted  as  signi- 
fying that  it  is  the  duty  o£  every  Lodge  to  receive 
strange  Brethren  as  visitors,  and  permit  them  to 
participate  in  the  labors  and  instructions  in  which 
the  Lodge  may,  at  the  time  of  the  visit,  be  engaged. 

Modern  authorities  have  very  generally  concurred 
in  this  view  of  the  subject.  In  June,  1819,  in  con- 
sequence of  a  complaint  which  had  been  preferred  to 
the  Grand  Lodge  of  England  against  a  Lodge  in 
London,  for  having  refused  admission  to  some 
Brethren  who  were  well  known  to  them,  on  the 
ground  that,  as  the  Lodge  was  about  to  initiate  a 
candidate,  no  visitor  could  be  admitted  until  that 
ceremony  was  concluded,  the  Board  of  General  Pur- 
poses resolved  "  that  it  is  the  undoubted  right  of 
every  Mason  who  is  well  known  or  properly  vouched, 
to  visit  any  Lodge  during  the  time  it  is  opened  for 
general  Masonic  business,  observing  the  proper 


EIGHT   OF  YISIT.  205 

forms  to  be  attended  to  on  such  occasions,  and  so 
that  the  Master  may  not  be  interrupted  in  the  per 
formance  of  his  duty.77* 

The  Grand  Lodge  of  New  York  concurs  in  this 
view,  by  declaring  "  that  the  right  to  visit,  masonic- 
ally,  is  an  absolute  right,"t  and  it  qualifies  the  pro- 
position by  adding  that  this  right  "  may  be  forfeited 
or  limited  by  particular  regulations.'7  This  subject 
of  the  forfeiture  or  restriction  of  the  right  will  be 
hereafter  considered. 

In  the  jurisdiction  of  Ohio,  it  is  held  that  every 
Mason  in  good  standing  "  has  a  right  to  visit  Lodges 
when  at  labor,  and  that  a  Lodge  cannot  refuse  such 
a  visitor,  without  doing  him  a  wrong. J 

In  Mississippi,  South  Carolina,  Michigan,  and  a 
very  large  majority  of  American  Grand  Lodges,  the 
doctrine  of  the  absolute  right  of  visit  is  inculcated, 
while  the  contrary  opinion  is  maintained  in  Mary- 
land, California,  and  perhaps  a  few  other  States. 

The  doctrine  announced  in  Maryland  is,  that 
"  each  Lodge  is  a  family  by  itself,  separate  and  dis- 
tinct from  all  the  rest  of  the  world,  and  has  an  un- 
questionable right  to  say  who  shall  not  be  their 
associates."§ 

*  See  OLIVER'S  ed.  of  PRESTON,  note  to  p.  75. 

t  Const.  G.  L.  of  New  York,  1858,  §  viii.,  s.  8. 

t  Com.  of  Corresp.  G.  L.  of  Ohio,  1856,  p.  482. 

§  Rep.  of  Com.  of  For.  Corresp.,  1854,  p.  10.  It  is  evident,  however,  that 
this  involves  a  very  contracted  view  of  the  universality  of  Masonry,  and  that 
by  making  each  Lodge  a  distinct  and  independent  family,  the  cosmopolitan 
character  of  the  institution  is  completely  denied.  Fortunately  this  theory  ii 
nowhere  else  recognized. 


206  RIGHT   OF   VISIT. 

The  doctrine  in  California  appears  to  be,  that 
u  the  right  (so  called)  to  visit  masonically  is  not  an 
absolute  right,  but  is  a  favor,  to  which  every  lawfiu 
Mason  in  good  standing  is  entitled,  and  which  a 
Lodge  may  concede  or  refuse  at  its  discretion.77 

There  is  in  the  phraseology  of  this  Regulation 
such  a  contradiction  of  terms  as  to  give  an  objection- 
able ambiguity  to  the  statute.  If  the  right  of  visit 
"is  not  an  absolute  right/7  then  every  Mason  in 
good  standing  is  not  entitled  to  it.  And  if  it  is  a 
favor  to  which  "  every  lawful  Mason  in  good  stand- 
ing is  entitled,"  then  no  Lodge  can  "  concede  or  re- 
fuse it  at  its  discretion.77  There  seems  almost  to  be 
an  absurdity  in  declaring  by  statute  that  every 
Mason  has  a  right  to  ask  for  that  which  may,  with- 
out cause  assigned,  be  refused.  The  right  mentioned 
in  the  old  adage  that  "  a  cat  may  look  at  a  king,7' 
has  more  substantiality  about  it  than  this  mere  right 
of  asking,  without  any  certainty  of  obtaining. 

The  true  doctrine  is,  that  the  right  of  visit  is  one 
of  the  positive  rights  of  every  Mason  ;  because 
Lodges  are  justly  considered  as  only  divisions  for 
convenience  of  the  universal  Masonic  family.  The 
right  may,  of  course,  be  lost  or  forfeited  on  special 
occasions,  by  various  circumstances ;  but  any  Mas- 
ter who  shall  refuse  admission  to  a  Mason,  in  good 
standing,  who  knocks  at  the  door  of  his  Lodge,  is 
expected  to  furnish  some  good  and  satisfactory 
reason  for  his  thus  violating  a  Masonic  right.  If 
the  admission  of  the  applicant,  whether  a  member 
or  visitor,  would,  in  his  opinion,  be  attended  with 


EIGHT  OP  VISIT.  207 

injurious  consequences,  such,  for  instance,  as  impair- 
ing the  harmony  of  the  Lodge,  a  Master  would  then, 
I  presume,  be  justified  in  refusing  admission.  But 
without  the  existence  of  some  such  good  reason, 
Masonic  jurists  have  always  decided  that  the  right 
of  visitation  is  absolute  and  positive,  and  inures  to 
every  Mason  in  his  travels  throughout  the  world. 
Wherever  he  may  be,  however  distant  from  his  resi- 
dence and  in  the  land  of  the  stranger,  every  Lodge 
is,  to  a  Mason  in  good  standing,  his  home,  where  he 
should  be  ever  sure  of  the  warmest  and  truest 
welcome. 

We  are  next  to  inquire  into  the  nature  of  the  re- 
strictions which  have  been  thrown  around  the  exer- 
cise of  this  right  of  visit. 

In  the  first  place,  to  entitle  him  to  this  right  of 
visit,  a  Master  Mason  must  be  affiliated  with  some 
Lodge.  Of  this  doctrine  there  is  no  question.  All 
Masonic  authorities  concur  in  confirming  it.  But 
as  a  Mason  may  take  his  demit  from  a  particular 
Lodge,  with  the  design  of  uniting  again  with  some 
other,  it  is  proper  that  he  should  be  allowed  the  op- 
portunity of  visiting  various  Lodges,  for  the  pur- 
pose— where  there  are  more  than  one  in  the  same 
place — of  making  his  selection.  But  that  no  en- 
couragement may  be  given  to  him  to  protract  the 
period  of  his  withdrawal  of  Lodge  membership,  this 
privilege  of  visiting  must  be  restricted  within  the 
narrowest  limits.  Accordingly,  the  Grand  Lodge 
of  England  has  laid  down  the  doctrine  in  its  Con- 
stitutions in  the  following  words  : 


208  EIGHT   OF   VISIT. 

"  A  Brother,  who  is  not  a  subscribing  member  to  some 
Lodge,  shall  not  be  permitted  to  visit  any  one  Lodge  in  the 
town  or  place  in  which  he  resides,  more  than  once  during  his 
secession  from  the  craft."* 

A  similar  usage  appears  very  generally,  indeed 
universally,  to  prevail ;  so  that  it  may  be  laid  down 
as  a  law,  fixed  by  custom  and  confirmed  in  most 
jurisdictions  by  statutory  enactment,  that  an  un- 
affiliated  Mason  cannot  visit  any  Lodge  more  than 
once.f  By  ceasing  to  be  affiliated,  he  loses  his 
general  right  of  visit. 

Again  :  a  visiting  Brother,  although  an  affiliated 
Mason,  may,  by  bad  conduct,  forfeit  his  right  of 
visit.  The  power  to  reject  the  application  of  a 
visitor  for  admission,  is  not  a  discretionary,  but  a 
constitutional  one,  vested  in  the  Master  of  the 
Lodge,  and  for  the  wholesome  exercise  of  which  he 
is  responsible  to  the  Grand  Lodge.  If,  in  his  opin- 
ion, the  applicant  for  admission  as  a  visitor,  is  not 
in  a  condition,  or  of  fitting  moral  character,  to  en- 
title him  to  the  hospitalities  of  the  Lodge,  he  may 
refuse  him  admission  ;J  but  the  visitor  so  rejected 
will  have  his  right  of  appeal  to  the  Grand  Lodge, 
in  whose  jurisdiction  he  has  been  refused,  and  the 

*  Constitutions  of  the  G.  L.  of  Eng.,  p.  91. 

f  The  Grand  Lodge  of  New  York  extends  the  number  of  visits  ot  un- 
affiliated  Masons  to  two.  But  the  rule  laid  down  in  the  text  is  the  more 
general  one. 

J  Thus  the  Grand  Lodge  of  New  York  has  very  wisely  enacted  that  no 
visitor  shall  be  admitted,  unless  it  be  known  "  that  his  admission  will  not 
disturb  the  harmony  of  the  Lodge,  or  embarrass  its  work."—  Const.  G.  L,  <J 
N.  Y.,  §  23. 


EIGHT   OF   VISIT.  209 

onus  then  lies  on  the  Master  of  proving  that  such 
refusal  was  founded  on  and  supported  by  sufficient 
reasons. 

The  great  object  in  all  Masonry  being  the  pre- 
servation of  harmony  among  the  Brethren,  which 
our  ritual  properly  declares  to  be  "  the  support  of 
all  well  regulated  institutions,"  it  has  been  deemed, 
by  many  excellent  Masonic  authorities,  to  be  the 
prerogative  of  any  member  of  a  Lodge  to  object  to 
the  admission  of  a  visitor  when  his  relations  to  thai 
visitor  are  of  such  a  nature  as  to  render  it  un- 
pleasant for  the  member  to  sit  in  Lodge  with  the 
visitor.  It  is  certainly  much  to  be  regretted  that 
any  such  unkind  feelings  should  exist  among  Masons. 
But  human  nature  is  infirm,  and  Masonry  does  not 
always  accomplish  its  mission  of  creating  and  per- 
petuating brotherly  love.  Hence,  when  two  Masons 
are  in  such  an  unmasonic  condition  of  antagonism, 
the  only  question  to  be  solved  is — the  one  being  a 
contributing  member  and  the  other  a  visitor — 
whether  shall  the  former  or  the  latter  retire  ?  Jus- 
tice seems  to  require  that  the  visitor  shall  yield  his 
claims  to  those  of  the  member.  If  the  presence  of 
both  would  disturb  the  harmony  of  the  Lodge — and  I 
know  not  how  that  harmony  can  be  more  effectually 
disturbed  than  by  the  presence  of  two  Masons  who 
are  inimical  to  each  other — then  I  cannot  deny  not 
only  the  right,  but  the  duty  of  the  Master,  to  forbid 
the  entrance  of  the  one  who,  as  a  stranger  and  a 
visitor,  has  the  slightest  claims  to  admission,  and 
whose  rights  will  be  the  least  affected  by  the  re- 


210  EIGHT   OF  VISIT. 

fusal.  If  a  visitor  is  refused  admission,  it  is  only 
his  right  of  visit  that  is  affected  ;  but  if  a  member 
be  compelled  to  withdraw,  in  consequence  of  the 
admission  of  a  visitor,  whose  presence  is  unpleasant 
to  him,  then  all  his  rights  of  membership  are  in- 
.volved,  which  of  course  include  his  right  of  voting 
at  that  communication  on  any  petitions  for  initia- 
tion or  membership,  and  on  motions  before  the 
Lodge,  as  well  as  his  right  of  advocating  or  oppos- 
ing any  particular  measures  which  may  become  the 
subject  of  deliberation  during  the  meeting.  Hence, 
under  the  ordinary  legal  maxim,  argumentum  ab  in- 
convenienti  plurimum  volet  in  lege,  that  is,  "  an  argu- 
ment drawn  from  inconvenience  is  of  great  force  in 
law,"  it  seems  clear  that  the  earnest  protest  of  a 
member  is  sufficient  to  exclude  a  visitor.  And  to 
this  we  may  add,  that  if  by  the  old  Regulation  of 
1721,  every  member  present  was  to  be  allowed  the 
expression  of  his  opinion  in  reference  to  the  admit- 
tance of  a  permanent  member,  because  if  one  be 
admitted  without  unanimous  consent,  "  it  might 
spoil  the  harmony"  of  the  Lodge,  then  by  analogy 
we  are  to  infer  that,  for  a  similar  reason,  the 
same  unanimity  is  expected  in  the  admission  of-  a 
visitor.* 

*  The  Hon.  W.  B.  HUBBAKB,  Grand  Master  of  the  Knights  Templar  of  the 
United  States,  whose  claims  as  an  eminent  Masonic  jurist  are  everywhere 
acknowledged,  lays  down  the  following  axioms  in  his  admirable  "  Digest  of 
Masonic  Laws  and  Decisions,"  p.  51.  They  refer,  it  is  true,  to  Commander- 
ies  of  Knights  Templar,  but  are  equally  applicable  to  Lodges  of  Master 
Masons,  and  I  cordially  adopt  them  as  my  own  opinions  on  this  subject  t,f 
the  restrictions  of  the  right  of  visit : 


RIGHT   OF   VISIT.  211 

But  another  restriction  on  the  right  of  visit  is  to 
be  found  in  the  necessity  of  an  examination.  No 
Brother  can  be  permitted  to  visit  any  strange  Lodge, 
unless  he  has  first  submitted  to  an  examination. 
This  examination,  it  is  true,  may  be  rendered  un- 
necessary by  an  avouchment ;  but,  as  the  principle 
is  the  same,  and  as  the  subject  of  the  right  of 
avouchment  will  be  discussed  in  a  subsequent  sec- 
tion, it  is  unnecessary,  on  the  present  occasion,  to 
consider  anything  more  than  the  effect  of  an  ex- 
amination on  the  right  of  visit. 

The  rule,  then,  is  imperative  that  every  Master 
Mason  who  applies  as  a  visitor  to  a  Lodge,  and  for 
whose  Masonic  standing  and  character  as  a  Mason 
no  Brother  present  can  vouch,  must  submit  to  an 
examination  before  he  can  be  admitted.  This  exa- 
mination is  accompanied  by  several  forms,  which,  as 
they  are  used  in  the  presence  of  a  person  not  known 
to  be  a  Mason,  and  who,  after  having  participated 
in  them,  is  often  rejected,  because  he  cannot  give 
sufficient  proof  of  his  Masonic  character,  necessarily 
form  no  part  of  the  secret  portions  of  our  ritual,  and 
can  therefore  be  as  safely  committed  to  paper  and 
openly  published,  as  any  of  the  other  ordinary 

"  When  a  member  of  &  Commandery,  who  is  not  under  suspension,  applies 
for  admission,  the  E.  Commander  ought  not  to  refuse  to  receive  him,  because 
another  and  sitting  member  objects. 

"  But  no  visiting  Knight  should  be  admitted,  if  one  only  of  the  regular 
members  present  objects. 

"  If  one  member  cannot  sit  with  another  number,  their  differences  should 
be  reconciled,  if  possible.  If  irreconcilable,  then  charges  should  be  prefer 
red  by  the  objecting  member,  and  a  trial  be  had." 


212  RIGHT   OF   VISIT. 

business  of  a  Lodge.  To  assert  to  the  contrary-- 
to  say,  for  instance,  that  the  "  Tiler's  obligation,"  so 
called  because  it  is  administered  to  the  visitor  in 
the  Tiler's  room,  and  usually  in  the  presence  of  that 
officer,  is  a  Masonic  secret — is  to  assert,  that  that 
which  is  secret,  and  a  portion  of  our  mysteries,  may 
be  openly  presented  to  a  person  whom  we  do  not 
know  to  be  a  Mason,  and  who  therefore  receives 
this  instruction  before  he  has  proved  his  right  to  it 
by  "  strict  trial  and  due  examination."  The  very 
fact  that  the  "  Tiler's  obligation"  is  to  be  adminis- 
tered to  such  an  unknown  person,  is  the  very  best 
argument  that  can  be  adduced  that  it  no  more  con- 
stitutes a  part  of  our  secret  instructions,  than  do 
the  public  ceremonies  of  laying  corner  stones,  or 
burying  our  dead.  I  do  not  consequently  hesitate 
to  present  it  to  the  reader  in  the  form  which  I  have 
seen  usually  adopted.* 

The  visitor,  therefore,  who  desires  admission  into 
a  Lodge,  and  who  presents  himself  for  preparatory 
examination,  is  required  to  take  the  following  oath 
in  the  presence  of  the  examining  committee,  each 

*  These  remarks  are  induced  in  consequence  of  objections  having  been  made 
by  a  few  overscrupulous  brethren  to  the  insertion  of  this  Tiler's  oath,  in  a 
previous  publication.  They  deemed  it  a  part  of  the  apporreta,  or  hidden 
things  of  Masonry.  But  for  the  reasons  urged  above,  I  cannot  consent  to 
view  it  in  this  light.  Masonic  scholars  are  beginning  now  to  abandon  that 
timid  course  which  leads  to  the  suppression  of  important  information,  under 
the  mistaken,  but  honesi  belief,  that  the  secrets  of  Freemasonry  may  thereby 
be  unlawfully  divulged.  It  is  true  that  there  are  some  things  that  cannot  be 
written  ;  but,  as  a  general  rulg,  it  may  be  stated,  that  more  injury  has  been 
done  to  the  institution  by  needless  reserve  than  by  liberal  publication  of  ita 
concerns. 


RIGHT   OF   VISIT.  213 

of  whom  he  may  likewise  require  to  take  the  same 
oath  with  him  : 

"  I,  A.  B.,  do  liereby  and  her  eon  solemnly  and  sincerely  swear, 
tltat  I  have  been  regularly  initiated,  passed  and  raised,  to  the 
sublime  degree  of  a  Master  Mason,  \n  a  just  and  legally  consti- 
tuted Lodge  of  such;  that  I  do  not  now  stand  suspended  or  expel- 
led; and  know  of  no  reason  why  I  should  not  hold  Masonic 
communication  with  my  brethren" 

This  declaration  having  been  confirmed  in  the 
most  solemn  manner,  the  examination  is  then  com- 
menced with  the  necessary  forms.  The  ritualistic 
landmark  requires  that  these  forms  must  be  con- 
ducted in  such  a  manner  as  to  constitute  what  is 
"technically  called  a  "strict  trial."  No  question 
must  be  omitted  that  should  have  been  asked,  and 
no  answer  received  unless  strictly  and  categorically 
correct.  The  rigor  and  severity  of  the  rules  and 
forms  of  a  Masonic  examination  must  never  be 
weakened  by  undue  partiality  or  unjustifiable  deli- 
cacy. The  honor  and  safety  of  the  institution  are 
to  be  paramount  to  every  other  consideration  ;  and 
the  Masonic  maxim  is  never  to  be  forgotten,  that 
"  it  is  better  that  ninety  and  nine  true  men  should, 
by  over  strictness,  be  turned  away  from  the  door  of 
a  Lodge,  than  that  one  cowan  should,  through 
the  carelessness  of  an  examining  committee,  be 
admitted." 

Correlative  to  this  right  of  examination  is  that 
which  belongs  to  every  visitor  of  demanding  a  sight 
of  the  warrant  of  constitution  of  the  Lodge  which 
he  proposes  to  visit.  The  demand  to  see  this  im- 


214  RIUHT  OF   VISIT. 

portant  instrument  he  may  make  before  examina- 
tion, because  it  is  in  fact  the  evidence  of  the  right 
of  the  committee  to  proceed  to  that  examination, 
and  the  committee  is  bound  to  produce  it. 

Intimately  connected  with  this  subject  of  the 
right  of  visit  is  that  of  Grand  Lodge  certificates. 
The  propriety  of  any  Regulation  requiring  such  a 
document  as  a  necessary  preliminary  to  a  visit,  has, 
within  the  last  few  years,  been  warmly  agitated  by 
several  of  the  Grand  Lodges  of  this  country ;  and 
some  of  them,  denying  its  antiquity,  have  abolished 
the  Regulation  in  their  own  jurisdictions.  It  is, 
however,  surprising  that  any  writer  professing  to  be 
acquainted  with  the  history  of  the  institution,  should' 
for  a  moment  deny  the  great  antiquity  and  univer- 
sality of  the  law  which  has  required  every  strange 
Brother  to  furnish  the  Lodge  which  he  intends  to 
visit  with  a  certificate  of  his  good  standing  in  the 
Lodge  and  the  jurisdiction  from  which  he  hails. 

The  Regulation  was  certainly  in  force  two  cen- 
turies ago  ;  for  we  have  the  evidence  of  that  fact  in 
the  Regulation  adopted  in  the  General  Assembly  in 
1663,  under  the  Grand  Mastership  of  the  Earl  of 
St.  Albans,  in  the  following  explicit  language  : 

"  No  person  hereafter,  who  shall  be  accepted  a  Freemason, 
shall  be  admitted  into  any  Lodge  or  assembly,  until  he  haa 
brought  a  certificate  of  the  time  and  place  of  his  acceptation 
from  the  Lodge  that  accepted  him,  unto  the  Master  of  that 
limit  or  division  where  such  a  Lodge  is  kepi." 

From  that  time,  at  least,  the  Regulation  has  been 
strictly  observed  in  the  Grand  Lodges  of  England, 


RIGHT  OF   VISIT.  215 

Ireland,  and  Scotland,  and  many  of  the  older  Grand 
Lodges  of  this  country.*  Several  other  Grand 
Lodges,  however,  whose  Constitutions  are  of  a  later 
date,  have,  as  I  have  already  observed,  abolished  it, 
and  decline  to  furnish  their  members  with  such  cer- 
tificates. There  may  be  a  doubt  whether  a  Masonic 
certificate,  not  renewable,  but  given  to  its  possessor 
for  his  life,  is  of  any  real  value  in  establishing  his 
Masonic  standing,  except  at  the  time  that  he  re- 
ceived it ;  but  there  can  be  no  doubt  that  the  Regu- 
lation requiring  one  to  be  given,  is  one  of  the  most 
ancient  written  laws  of  the  Order.  Under  any  cir- 
cumstances, it  must,  however,  be  recollected  that  a 
Grand  Lodge  certificate  is  to  be  considered  only  as 
a  collateral  evidence  of  the  good  standing  of  its 
possessor,  preparatory  to  an  examination  in  the 
legal  way ;  and  hence  the  Regulation  adopted  by 
the  Grand  Lodge  of  South  Carolina  in  1848,  seems 
to  be  a  reasonable  one,  namely,  that  where  the  visi- 
tor, being  without  a  certificate,  can  furnish  other 
sufficient  evidence  of  his  Masonic  standing,  and 
assign  a  satisfactory  reason  for  his  being  without  a 
certificate,  the  Lodge  which  he  proposes  to  visit  may 
proceed  to  his  examination. 

In  concluding  this  section,  it  may  be  remarked, 

*  So  important  was  this  subject  deemed  by  the  Masonic  Congress  whicl; 
was  held  at  Paris  in  June,  1855,  that  among  the  ten  propositions  recom- 
mended, was  one  for  a  standard  form  of  Masonic  diploma.  It  was  advised 
that  this  instrument  should  be  in  Latin,  with  an  accompanying  translation  in 
*he  national  language,  and  to  have  a  testamentary  formula,  setting  forth  the 
flesire  of  the  recipient  that  after  his  death  it  may  be  returnee*  to  the  Lodge 
wl  \ence  it  emanated. 


21G  .HIGHT   OP   AVOUCH31ENT. 

by  way  of  recapitulation,  that  the  right  of  visit  ia 
a  positive  right,  which  inures  to  every  unaffiliated 
Master  Mason  once,  and  to  every  affiliated  Master 
Mason  always  ;  but  that  it  is  a  right  which  can 
never  be  exercised  without  a  previous  examination 
'or  legal  avouchment,  and  may  be  forfeited  for  good 
and  sufficient  cause  ;  while  for  the  Master  of  any 
Lodge  to  deny  it,  without  such  cause,  is  to  do  a 
Masonic  wrong  to  the  Brother  claiming  it,  for  which 
he  will  have  his  redress  upon  complaint  to  the 
Grand  Lodge,  within  whose  jurisdiction  the  injury 
is  inflicted.  This,  it  appears  to  me,  is  now  the 
settled  law  upon  this  subject  of  the  Masonic  right 
of  visit. 

SECTION  IV. 

THE    RIGHT    OF    AVOUCHMENT. 

I  have  said  in  the  preceding  section  that  an  exa- 
mination may  sometimes  be  dispensed  with,  when  a 
Brother  who  is  present,  and  acquainted  with  the 
visitor,  is  able  and  willing  to  vouch  for  him  as  a 
Master  Mason  in  good  standing.  This  prerogative, 
of  vouching  for  a  stranger,  is  strictly  one  of  the 
rights  of  a  Master  Mason,  because  neither  Entered 
Apprentices  nor  Fellow  Crafts  are  permitted  to 
exercise  it,  in  reference  to  those  who  have  attained 
to  their  respective  degrees.  But  the  right  is  one 
of  so  important  a  nature — its  imprudent  exercise 
would  be  attended  witli  such  evil  consequences  to 
the  institution — that  Grand  Lodges  have  found  it 


RIGHT  OF  AVOUCHMENT.  211 

np.ce«iaiy  to  restrict  it  by  the  most  rigid  rules. 
The  Grand  Lodges  of  Iowa*  and  Mississippi,t  for 
instance,  have  declared  that  no  visitor  can  be  per- 
mitted to  take  his  seat  in  a  Lodge,  on  the  strength 
of  being  vouched  for  by  a  Brother,  unless  that 
Brother  has  sat  in  a  Lodge  with  him. 

Under  ordinary  circumstances,  it  would  undoubt- 
edly be  the  safest  plan  to  adopt  such  a  regulation 
as  this,  and  to  require  that  the  avouchment  should 
be  founded  on  the  fact  of  the  voucher's  having  sat 
in  a  Lodge  with  the  visitor.  But  it  cannot  be  de- 
nied that  there  are  occasions  in  which  an  intelligent 
and  experienced  Mason  will  be  as  competent,  from 
his  own  private  examination,  to  decide  the  Masonic 
qualifications  of  a  candidate  for  admission,  as  if  he 
had  sat  with  him  in  the  communication  of  a  Lodge. 
This  subject  of  vouching  does  not,  indeed,  appear 
to  have  been  always  understood.  Many  Masons 
suppose  that  the  prerogative  of  vouching  is  inherent 
in  every  Brother,  and  that  if  A  shall  say  that  he 
vouches  for  B,  and  that  he  has  sat  in  a  Lodge  with 
him,  the  assertion  should  be  received  with  all  re- 
spect, and  B  admitted.  But  in  how  many  cases 

*  "  Whereas,  the  editors  of  some  Masonic  journals  have  decided  that  a 
Mason  may  vouch  for  a  Brother  when  visiting  a  Lodge,  without  having  sat  in 
open  Lodge  with  him,  resolved,  that  this  Grand  Lodge  would  enjoin  upon  the 
brethren  of  this  jurisdiction  not  to  tolerate  such  a  practice." — Resolution  of 
G.  L.  of  Iowa,  1853.  Proceed,  p.  470. 

f  "  In  the  opinion  of  this  Grand  Lodge,  no  visitor  can  be  permitted  to 
take  his  seat  in  a  Lodge,  on  the  strength  of  being  vouched  for  by  a  Brother, 
unless  that  Brother  has  sat  in  a  Lodge  with  him.  otherwise  he  must  be  regu- 
larly examined  by  a  committee  of  the  Lodge.'' — Eesol>jdion  of  G.  L.  of  Mis- 
sissippi, 1856.  Proceed,  p.  94. 

10 


218  EIGHT   OF   AVOUCHMENT. 

may  not  A,  from  ignorance  or  inexperience,  "be  liable 
to  be  deceived  ?  How  are  we  to  know  that  A  him- 
self was  not  in  a  clandestine  Lodge,  which  had  been 
imposed  upon  his  ignorance,  when  he  sat  with  B  ? 
How  are  we  to  be  sure  that  his  memory  has  not  been 
treacherous,  and  that  the  Lodge  in  which  he  saw  E 
was  not  a  Fellow  Crafts7  or  Entered  Apprentices', 
instead  of  being  a  Masters7  ?  Why,  only  by  know- 
ing that  the  Masonic  skill  and  experience,  and  the 
general  good  sense  and  judgment  of  A  are  such  as 
not  to  render  him  liable  to  the  commission  of  such 
errors.  And  if  we  are  confident  of  his  Masonic 
knowledge  and  honesty,  we  are  ready,  or  ought  to 
be,  to  take  his  vouching,  without  further  inquiry  as 
to  its  foundation  •  but  if  we  are  not,  then  it  is  safer 
to  depend  on  an  examination  by  a  committee  than 
on  the  avouchment  of  one  in  whose  ability  we  have 
no  confidence.  A  Masonic  avouchment  is,  in  fact, 
in  the  nature  of  a  mercantile  or  legal  security.  Its 
whole  value  depends  on  the  character  and  attain- 
ments of  the  one  who  offers  it  •  and  it  would  be 
better,  I  imagine,  if  a  positive  rule  is  to  be  laid 
down,  to  say  that  no  visitor  shall  be  admitted  into 
a  Lodge  except  with  the  avouchment  of  a  well 
known  and  skillful  Mason,  or  upon  examination  by 
a  committee. 

Still,  it  must  be  confessed,  however  humiliating 
the  confession  may  be,  that  a  very  large  number  of 
Masons  are  too  little  skilled  in  the  mysteries  which 
have  been  communicated  to  them,  to  be  enabled  to 
pass  a  stranger  through  that  ordeal  of  strict  exa- 


•RIGHT   OF   AYOUCHMENT.  219 

mination,  which  alone  can  prove  a  friend,  or  detect 
a  foe,  and  an  ingenious  impostor  would  often  find  it 
a  task  of  but  little  difficulty  to  deceive  such  an  un- 
skillful examiner.  Thus  imposed  upon  himself,  the 
deceived  brother  unwittingly  might  extend  his 
error,  by  vouching  for  one  who  has  no  claims  upon 
the  fraternity.  The  vouching  of  such  brethren,  de 
rived  from  their  private  examination,  should  of 
course  be  considered  as  of  no  value.  But,  on  the 
other  hand,  there  are  many  Masons  so  well  skilled 
in  the  principles  of  the  craft,  that  no  danger  of  im- 
position need  be  feared  when  we  depend  on  the 
information  which  they  have  derived  from  an  exami- 
nation, conducted  as  they  would  of  course  do  it, 
with  all  the  necessary  forms,  and  guarded  by  all 
the  usual  precautions.  The  avouchments  of  such 
brethren  should  be  considered  as  perfectly  satis- 
factory. 

I  am  inclined,  therefore,  to  believe  that  the  spirit 
of  the  law  simply  requires  that  a  Master  shall  per- 
mit no  visitor  to  be  admitted  without  previous  ex- 
amination, unless  he  can  be  vouched  for  by  a  Brother 
who  has  sat  with  him  in  open  Lodge,  or,  if  the 
avouchment  be  made  in  consequence  of  a  private 
examination,  unless  the  Brother  so  vouching  be 
known  to  the  presiding  officer  as  a  skillful  and  ex 
perienced  Mason. 

But,  if  we  admit  this  to  be  the  true  interpretation 
of  the  law  of  avouchment,  then  it  becomes  necessary 
that  we  should  inquire  more  closely  into  what  are 
to  be  the  governing  principles  of  that  private  ex 


,'J20  EIGHT   OF  AYOUCHMENT. 

amination  from  which  the  authority  of  the  avouch- 
ment  is  to  be  derived,  and  into  the  nature  of  the 
competency  of  the  Brother  who  ventures  to  give  it. 

In  the  first  place,  the  avouchment  thus  given  is,  it 
is  understood,  to  be  founded  on  some  previous 
private  examination.  Therefore  it  follows,  that  the 
Brother  who  undertakes  to  vouch  for  a  visitor  on 
these  grounds,  must  have  been  thoroughly  compe- 
tent to  conduct  such  an  examination.  There  must 
be  no  danger  of  his  having  been  imposed  upon  by 
an  ignorant  pretender.  And  consequently  the  Mas- 
ter of  a  Lodge  would  be  culpable  in  receiving  the 
avouchment  of  a  young  and  inexperienced,  or  of  an 
old  and  ignorant  Mason. 

But  again  :  there  may  be  sometimes  an  avouch- 
ment at  second  hand.  Thus  A  may  be  enabled  to 
vouch  for  C,  on  the  information  derived  from  B. 
But  in  this  case  it  is  essential  to  its  validity  that 
the  avouchment  should  have  been  made  when  the 
whole  three  were  present.  Thus  it  is  not  admissible 
that  B  should  inform  A  that  a  certain  person  named 
C,  who  is  then  absent,  is  a  Master  Mason.  A  can- 
not, upon  this  information,  subsequently  vouch  for 
C.  There  may  be  some  mistake  or  misunderstand- 
ing in  the  identity  of  the  person  spoken  of.  A  may 
have  been  referring  to  one  individual  and  B  to 
another.  And  the  person  afterwards  vouched  for 
by  A,  may  prove  to  be  entirely  different  from  the 
one  intended  by  B.  But  if  B,  in  the  presence  of  C, 
shall  say  to  A,  "  I  know  this  person  C  to  be  a  Mas- 
ter Mason,"  or  words  to  that  effect,  then  it  is  com 


RIGHT   OF    A.VOUCHMENT.  221 

petent  for  A  to  repeat  this  avouchment  as  his  own, 
because  he  will  thus  have  derived  "  lawful  infor- 
mation" of  the  fact. 

But  here  again  the  same  principle  of  competency 
must  be  observed,  and  B  must  not  only  be  known  to 
A  to  be  a  skillful  and  experienced  Mason,  incapable 
of  being  imposed  upon,  but  A  must  himself  be  a  fit- 
ting judge  of  that  skill  and  experience. 

This  second-hand  avouchment  is,  however,  always 
dangerous,  and  should  be  practised  with  great  cau- 
tion, and  only  by  eminently  skillful  Masons.  It  is 
to  be  viewed  rather  as  an  exception  to  the  general 
rule,  and  as  such  is  generally  to  be  avoided,  although 
between  Masons  of  great  learning  and  experience, 
it  may  sometimes  be  a  perfectly  safe  dependence. 

The  regulations  by  which  avouchments  are  to  be 
governed  appear,  therefore,  to  be  three  : 

1.  A  Mason  may  vouch  for  another,  if  he  has  sat 
in  a  Lodge  with  him. 

2.  He  may  vouch  for  him  if  he  has  subjected  him 
to  a  skillful  private  examination. 

3.  He  may  also  vouch  for  him  if  he  has  received 
•positive  information  of  his  Masonic  character  from 
a  competent  and  reliable  Brother. 

Of  these  three,  the  first  is  the  safest,  and  the  last 
the  most  dangerous.  And  in  all  of  them  it  is  essen- 
tial that  the  voucher  should  be  a  skillful  Mason,  for 
it  is  better  to  subject  the  visitor  to  a  formal  exami- 
nation, than  to  take  the  avouchment  of  an  ignorant 
Brother,  though  he  may  declare  that  he  1ms  sat  in 
the  Lodge  with  the  person  desirous  of  being  admit 


222  RIGHT   OF   RELIEF. 

ted.  In  fact,  the  third  kind  of  avouchment  by  ai> 
eminently  skillful  Mason,  is  safer  than  the  first  kind 
by  an  ignorant  one. 

Lastly,  no  written  avouchment,  however  distin- 
guished may  be  the  Mason  who  sends  it,  or  however 
apparently  respectable  may  be  the  person  who 
brings  it,  is  of  any  value  in  Masonry.  Letters  of 
introduction,  in  which  light  only  such  an  avouch- 
inent  can  be  considered,  are  liable  to  be  forged  or 
stolen  ;  and  it  is  not  permitted  to  trust  the  valuable 
secrets  of  Masonry  to  contingencies  of  so  probable 
a  nature.  Hence,  whatever  confidence  we  may  be 
disposed  to  place  in  the  statements  of  an  epistle 
from  a  friend,  so  far  as  they  respect  the  social  posi- 
tion of  the  bearer,  we  are  never  to  go  further  ;  but 
any  declarations  of  Masonic  character  or  standing 
are  to  be  considered  as  valueless,  unless  confirmed 
by  an  examination. 

SECTION  Y. 

THE  RIGHT  OF  RELIEF. 

The  ritual  of  the  first  degree  informs  us  that  the 
three  principal  tenets  of  a  Mason's  profession  are 
Brotherly  Love,  Relief,  and  Truth.  Relief,  the 
second  of  these  tenets,  seems  necessarily  to  flow 
from  the  first,  or  brotherly  love  ;  for  the  love  of  our 
brother  will  naturally  lead  us  to  the  sentiment  of 
wishing  "  to  alleviate  his  misfortunes,  to  compas- 
sionate his  misery,  and  to  restore  peace  to  his 
troubled  mind." 


RIGHT  OF   RELIEF.  223 

As  the  duty  of  assisting  indigent  and  distressed 
brethren  is  one  of  the  most  important  duties  incul- 
cated by  the  landmarks  and  laws  of  the  institution, 
so  the  privilege  of  claiming  this  assistance  is  one  of 
the  most  important  rights  of  a  Master  Mason.  It 
is  what  we  technically  call,  in  Masonic  law,  the 
Right  of  Rdief,  and  will  constitute  the  subject  mat- 
ter of  the  present  section. 

The  right  to  claim  relief  is  distinctly  recognized 
in  the  Old  Charges  which  were  approved  in  1722, 
which,  under  the  head  of  "  Behavior  to  a  strange 
Brother,"  contain  the  following  language  : 

"  But  if  you  discover  him  to  be  a  true  and  genuine  Brother, 
you  are  to  respect  him  accordingly ;  and  if  he  is  in  want, 
you  must  relieve  him  if  you  can,  or  else  direct  him  how  he 
may  be  relieved.  You  must  employ  him  some  days,  or  else 
recommend  him  to  be  employed.  But  you  are  not  charged 
to  do  beyond  your  ability,  only  to  prefer  a  poor  Brother,  who 
is  a  good  man  and  true,  before  any  other  people  in  the  same 
circumstances."* 

The  law  thus  explicitly  laid  down,  has  always 
been  the  one  on  which  Masonic  relief  is  claimed  and 
granted  ;  and,  on  inspection,  it  will  be  found  that  it 
includes  the  following  four  principles  : 

1.  The  applicant  must  be  in  distress. 

2.  He  must  be  worthy. 

3.  The  giver  is  not  expected  to  exceed  his  ability 
in  the  amount  of  relief  that  he  grants. 

*  See  ante,p.  62.  In  a  similar  spirit,  the  "  Ancient  Charges  at  Makings," 
which  were  used  in  the  seventeenth  century,  prescribe  that  "  every  Mason 

Must  receive  and  cherish  a  strange  Brother,  giving  him  employment,  if  h<5 
has  any,  and  if  not,  he  is  directed  to  "  refresh  him  with  money  unto  the  neart 

'  odge  '  -See  ante,  p.  52. 


224  RIGHT  OP   BELIEF. 

4.  A  Mason  is  to  be  preferred  to  any  other  appli- 
cant in  the  same  circumstances. 

Each  of  these  principles  of  Masonic  relief  requires 
a  distinct  consideration. 

1.  The  applicant  must  be  in  distress.  Freemasonry 
is,  strictly  speaking,  a  charitable  association  :  that 
is  to  say,  it  does  not,  in  any  way,  partake  of  the 
nature  of  a  joint  stock,  or  mutual  insurance  com- 
pany, which  distinguishes  so  many  of  the  friendly 
societies  of  the  present  day  in  England  and  this 
country.  In  the  Masonic  organization,  charity  is 
given — as  charity  should  only  be  given — to  the 
needy,  and  according  to  the  means  of  the  givers. 
That  principle  of  mutual  insurance  by  which  a  so- 
ciety or  association  pledges  itself,  in  articles  of  its 
constitution,  in  consideration  of  the  regular  pay- 
ment of  a  certain  annual  amount,  to  contribute,  in 
return,  a  fixed  sum,  usually  called  "  a  benefit/7  to 
the  member  who  has  so  paid  his  dues,  whenever  he 
is  sick,  whether  he  needs  it  or  not,  making  no  dis- 
tinction between  rich  and  poor,  but  only  between 
punctual  payers  and  defaulters,  is  a  mere  matter 
of  commercial  bargain  and  pecuniary  calculation. 
There  is  not  one  particle  of  charity  in  it.  It  is  the 
logal  and  expected  result  of  a  previous  contract,  to 
be  enforced  by  law  if  necessary,  and  as  such,  can 
enlist  none  of  the  finer  emotions  of  the  heart.* 


*  It  is  to  be  regretted  that  on  a  few  occasions,  Masonic  Ledges,  capti- 
vated, without  sufficient  reflection,  by  the  apparent  convenience  of  the  sys- 
tem of  benefits,  as  they  are  called,  have  attempted  to  engraft  that  system 
on  Masonry.  It  is.  however,  clenr  that  the  benefit  system,  such  as  it  is.  prao 


PJGHT    OF   RELIEF.  225 

This,  therefore,  I  need  scarcely  say,  is  entirely 
different  from  the  system  of  charity  which  is  prac- 
tised in  the  Masonic  institution.  Here  there  is  no 
question  of  arrears  ;  the  stranger  from  the  most 
distant  land,  if  he  be  true  and  worthy,  is  as  equally 
entitled  to  the  charities  of  his  brethren,  as  the  most 
punctual  paying  member  of  the  Lodge.  The  only 
claim  that  Masonic  charity  listens  to  is  that  of 
poverty  •  the  only  requisite  to  insure  relief  is  des- 
titution. The  first  claim,  therefore,  that  is  neces- 
sary to  substantiate  the  Masonic  right  of  relief  is, 
that  the  Brother  applying  for  assistance  is  really  in 
distressed  or  needy  circumstances.  The  demand 
for  pecuniary  aid  can  only  be  made  by  the  poor  and 
destitute. 

2.  The  applicant  must  be  ivortliy.  In  the  lan- 
guage of  the  Charge  already  quoted,  he  must  be  "  a 
true  and  genuine  Brother."  The  word  true  is  here 
significant.  It  is  the  pure  old  Saxon  treowe,  which 
,  and  implies  that  he  must  be  one  who 


tised  by  modern  friendly  societies,  would  be  an  innovation  upon  Masonry, 
and  any  effort  to  introduce  it  should  be  promptly  discouraged.  On  this  sub- 
ject, a  special  committee  of  the  Grand  Lodge  of  the  District  of  Columbia 
used,  in  1849,  the  following  appropriate  language  : 

"  It  is  therefore  clear  that  it  is  not  part  and  parcel  of  Ancient  Craft  Ma- 
sonry, and  if,  as  the  majority  of  your  committee  believe,  it  is  in  violation  of 
the  spirit  and  essence  of  the  principles  thereof,  it  is  an  innovation  that  should 
be  promptly  checked  by  this  Grand  Lodge,  and  one  so  modern  in  its  charac- 
ter, that  it  may  be  strangled,  as  it  were,  in  its  birth.  If  need  be  that  the 
same  individuals  must  congregate  together,  upon  principles  of  this  charac- 
ter, it  should  be  accomplished  under  the  banner  of  some  one  of  the  organiza- 
tions of  the  day,  where  those  principles  are  the  polar  star,  and  the  great  and 
Beading  characteristics."  —  Proceedings  of  \he  G.  L.  of  the  D.  of  G  i., 
1849.  p.  47. 


226  RIGHT   OF   EELIEF. 

lias  been  faithful  to  his  duties,  faithful  to  his  trusts, 
faithful  to  his  obligations.  The  bad  man,  and 
especially  the  bad  Mason,  is  unfaithful  to  all  these, 
and  is  not  true.  There  is  no  obligation  either  in 
the  written  law,  or  the  ritualistic  observances  of  the 
Order,  that  requires  a  Mason  to  relieve  such  an  un- 
worthy applicant.  By  his  infidelity  to  his  promises, 
he  brings  discredit  on  the  institution,  and  forfeits 
all  his  rights  to  relief.  A  suspended  or  expelled 
Mason,  or  one  who,  though  neither,  is  yet  of  bad 
character  and  immoral  conduct,  cannot  rightfully 
claim  the  assistance  of  a  Mason,  or  a  Lodge  of 
Masons. 

3.  The  giver  is  not  expected  to  exceed  his  ability  in 
the  amount  of  relief  that  he  grants — that  is  to  say, 
a  Brother  is  expected  to  grant  only  such  relief  as 
will  not  materially  injure  himself  or  family.     This 
is  the  unwritten  law,  and  conformable  to  it  is  the 
written  one,  which  says,  "  You  are  not  charged  to 
do  beyond  your  ability."     This  provision  is  not  in- 
consistent with  the  true  principles  of  charity,  which 
do  not  require  that  we  should  sacrifice  our  own  wel- 
fare, or  that  of  our  family,  to  the  support  of  the 
poor  ;  but  that  with  prudent  liberality,  and  a  due 
regard   to   the   comforts  of  those  who   are  more 
nearly  dependent  on  us,  we  should  make  some  sacri- 
fice of  luxury  out  of  our  abundance,  if  we  have  been 
blessed  with  it,  for  the  relief  of  our  distressed 
brethren. 

4.  A  Mason  is  to  be  preferred  to  any  other  appli- 
cant in  the  same  circumstances.     The  duty  of  reliev- 


RIGHT  OF   RELIEF.  227 

ing  a  distressed  Brother,  in  preference  to  any  othei 
persons  under  similar  circumstances,  although  one 
of  the  objections  which  has  often  been  urged  against 
the  Masonic  institution  by  its  opponents,  as  a  mark 
of  its  exclusiveness,  is  nevertheless  the  identical 
principle  which  was  inculcated  eighteen  centuries 
ago  by  the  great  Aposlle  of  the  Gentiles  :  "  As  we 
have  therefore  opportunity,  let  us  do  good  unto  all 
men,  especially  unto  them  who  are  of  the  household 
of  faith."* 

The  principle  thus  taught  by  the  Apostle  seems 
to  have  been,  by  the  very  necessities  of  our  nature 
the  principle  which  has  governed  the  charities  and 
kindnesses  of  every  religious  community,  of  every 
benevolent  association,  and  every  political  society 
that  has  existed  before  or  since  his  day.  Its  foun- 
dations are  laid  in  the  human  heart,  and  the  senti- 
ment to  which  this  doctrine  gives  birth  is  well  ex- 
pressed by  Charles  Lamb,  when  he  says  :  I  can  feel 

for  all  indifferently,  but  not  for  all  alike 

I  can  be  a  friend  to  a  worthy  man,  who,  upon 
another  account,  cannot  be  my  mate  or  fellow.  I 
cannot  like  all  people  alike."t 

The  practice,  then,  of  Freemasonry,  to  borrow 

*  Galatians  vi.  10.  Dr.  Adam  Clarke  explains  this  passage,  on  precisely 
the  principle  which  governs  the  Masonic  theory  of  charity  :  "  Let  us  help  all 
who  need  help,  according  to  the  uttermost  of  our  power  ;  but  let  the  first 
objects  of  our  regards  be  those  who  are  of  the  household  of  faith— the  mem- 
bers of  the  church  of  Christ,  who  form  one  family,  of  which  Jesus  Christ  is 
the  head.  Those  have  the  first  claims  on  our  attention  ;  but  all  others  have 
their  claims  also,  and  therefore  we  should  do  good  unto  att."—Comnic*ti 
in  loc. 

1  Essays  of  Elia. 


228  RIGHT   OF   BELIEF. 

language  which  I  have  already  used  on  a  formei 
occasion,  is  precisely  in  accordance  with  the  doc- 
trine of  the  apostle  already  quoted.  It  strives  to 
do  good  to  all  ;  to  relieve  the  necessitous  and  the 
deserving,  whether  they  be  of  Jerusalem  or  Sama- 
ria ;  to  clothe  the  naked,  to  feed  the  hungry,  and  to 
comfort  the  distressed,  always,  however,  giving  a 
preference  to  those  of  its  own  household — those 
who,  in  the  day  of  their  prosperity,  supported  and 
upheld  that  institution  on  which,  in  the  time  of 
their  distress,  they  have  called  for  aid — those  who 
have  contributed  out  of  their  abundance  to  its 
funds,  that  those  funds  might  be  prepared  to  relievo 
them  in  their  hour  of  want — those  who  have  borne 
their  share  of  the  burden  in  the  heat  of  the  day, 
that  when  their  sun  is  setting,  they  may  be  entitled 
to  their  reward.  And  in  so  acting,  Freemasonry 
has  the  warrant  of  universal  custom,  of  the  law  of 
nature,  and  of  the  teachings  of  Scripture. 

Perhaps  it  is  hardly  necessary  to  add  that  the 
wives  and  children  of  Masons,  while  claiming  re- 
lief through  the  right  of  their  husbands  and  fathers, 
are  subject  to  the  same  principles  and  restrictions 
as  those  which  govern  the  application  of  Masons 
themselves.  The  destitute  widow  or  orphans  of  a 
deceased  Mason  have  a  claim  for  relief  upon  the 
whole  fraternity,  which  is  to  be  measured  by  the 
same  standard  that  would  be  applied  if  the  Brother 
himself  were  alive,  and  asking  for  assistance.* 

*  "  The  obligations  of  Master  Masons  and  their  Lodges  are  common  to  a.l 
!p  reference  to  the  widows  and  orphans  of  deceased  worthy  Masons.    Thuv 


RIGHT   OF   RELIEF.  220 

One  interesting  question,  however,  arises  here. 
U  nder  what  circumstances,  and  at  what  time  does 
the  right  to  claim  assistance  pass  from  the  widow 
and  orphans  of  a  Mason  ? 

The  Committee  on  Foreign  Correspondence  of 
the  Grand  Lodge  of  New  York,  in  1851,  announced 
the  doctrine  that  the  widow  of  a  Mason  does  not 
forfeit  her  right  to  claim  relief,  although  she  may 
have  married  a  second  time.*  I  regret  that  I 
cannot  concur  in  this  too  liberal  view.  It  appears 
to  me  that  the  widow  of  a  Mason  derives  her 
claim  to  Masonic  relief  from  the  fact  of  her  widow- 
hood only,  and  therefore,  that  when  she  abandons 
that  widowhood,  she  forfeits  her  claim.  On  her 
second  marriage,  her  relations  to  the  Order  are 
obliterated  as  completely  as  are  her  relations  to 
him  whose  name  she  has  abandoned  for  that  of 
another.  If  her  new  husband  is  not  a  Mason,  I 
cannot  see  upon  what  ground  she  could  rest  her 
claim  to  Masonic  protection  ;  not  as  the  wife  of 
her  second  husband,  for  that  would  give  no  founda- 

are  not  limited  to  fixed  boundaries.  Wherever  the  poor,  destitute,  or  help- 
less widow  or  orphan  of  a  deceased  worthy  brother  is  found,  there  the  relief 
should  be  provided  by  the  fraternity.  There  is  no  usage  or  regulation  by 
which,  like  our  State  poor  laws,  the  destitute  are  to  be  traced  back  to  a  for- 
mer settlement  or  residence.  Each  Lodge  or  Master  Mason  will  administer 
relief  to  true  objects  of  Masonic  charity,  where  and  when  they  may  be  found 
to  exist." — HUBBARD,  Masonic  Digest,  p.  26. 

*  "  We  think  a  wife,  or  widow  of  a  Mason,  although  she  may  have  married 
a  second  husband, or  become  widowed  a  second  time,  does  not  lose  her  claim 
upon  Masons  while  she  lives,  and  ought  to  be  assisted  whenever  she  may 
need  it.  if  she  is  a  worthy  and  reputable  woman." — Proc.  of  G.  L.  of  N.  Y. 
1851,  p.  147.  A  similar  opinion  is  entertained  by  the  Grand  Lodge  oJ 
Virginia. 


230  .     EIGHT   OF   EELIEF. 

tion  for  such  a  claim — not  certainly  as  the  widow 
of  the  first,  for  she  is  no- longer  a  widow. 

The  orphans  of  a  brother  Mason  are  of  course 
entitled  to  the  protection  of  the  Order,  so  long  as 
their  unprotected  situation  needs  that  protection. 
Boys,  on  arriving  at  adult  age,  and  girls  when  they 
inarry,  place  themselves,  I  think,  in  that  situation 
which  exonerates  the  Order  from  their  further  pro- 
tection. A  hale  and  hearty  man  of  twenty-five 
could  scarcely  venture  to  claim  relief  from  the 
Order,  on  the  ground  that  lie  was  the  son  of  a 
Mason  ;  nor  could  the  wife  of  a  man,  in  a  similar 
worldly  condition,  make  the  same  request,  from  the 
fact  that  she  was  a  Mason's  daughter.  The  widows 
and  orphans  of  Masons  are,  I  suppose,  entitled  to 
the  charities  of  the  institution  only  while  they  re- 
main widows  and  orphans.  A  second  marriage 
necessarily  dissolves  widowhood,  and  by  the  custom 
of  language,  the  idea  of  orphanage  is  connected 
with  that  of  childhood  and  youth.  The  condition 
is  lost  on  arrival  at  adult  age.* 

Lastly,  it  must  be  remarked  that  the  right  of 
claiming  relief  is  confined  to  Master  Masons.  Un- 
doubtedly, in  the  very  early  periods  of  the  insti- 
tution, Fellow  Crafts  were  permitted  to  make  this 
claim  ;  and  the  older  Constitutions  refer  to  them  as 
being  entitled  to  relief.  Subsequently,  Apprentices 
were  invested  with  the  right ;  but  in  each  of  these 

*  Orbus,  an  orphan,  and  vulua,  a  widow,  are  respectively  from  the  verbs 
vrbo  and  viduo,  which  signify  to  bereave.  Both  words  convey  the  idea  of 
helplessness  and  destitution,  and  this  makes  their  Masonic  claim. 


RIGHT   OF  BELIEF.  231 

cases  the  right  was  conferred  on  these  respective 
classes,  because,  at  the  time,  they  constituted  the 
main  body  of  the  craft.  When  in  1717,  Apprentices 
were  permitted  to  vote,  to  visit,  and  to  enjoy  all  the 
rights  of  membership  in  Masonic  Lodges— when 
they  were  in  fact  the  chief  constituents  of  the  fra- 
ternity— they,  of  course,  were  entitled  to  claim 
relief.  But  the  privileges  then  extended  to  Appren- 
tices have  now  been  transferred  to  Master  Masons. 
Apprentices  no  longer  compose  the  principal  part 
of  the  fraternity.  They  in  fact  constitute  but  a 
very  small  part  of  the  craft.  To  remain  an  Appren- 
tice now,  for  any  time  beyond  the  constitutional 
period  permitted  for  advancement,  is  considered  as 
something  derogatory  to  the  Masonic  character  of 
the  individual  who  thus  remains  in  an  imperfect 
condition.  It  denotes,  on  his  part,  either  a  want 
of  Masonic  zeal,  or  of  Masonic  ability.  Apprentices 
no  longer  vote — they  no  longer  visit — they  are  but 
inchoate  Masons — Masons  incomplete,  unfinished — 
and  as  such  are  not  entitled  to  Masonic  relief. 

The  same  remarks  are  equally  applicable  to  Fel- 
low Crafts. 

As  to  the  right  of  relief  which  may  or  may  not 
belong  to  Masons,  who  are  not  affiliated  with  any 
Lodge,  that  subject  will  be  more  properly  discussed 
when  we  come,  in  a  subsequent  part  of  this  work,  to 
the  consideration  of  unaffiliated  Masons. 


:, 

232  RIGHT   OF   DEMISSIOX. 

SECTION  VI. 

THE    RIGHT    OF    DEMISSION. 

The  word  "  demit"*  is  peculiarly  and  technically 
Masonic,  and  has  no  relation  to  the  obsolete  verb 
"  to  demit/7  which  signifies  "  to  let  fall,  to  depress, 
to  submit."  A  Mason  is  said  "  to  demit  from  a 
Lodge"  when  he  withdraws  from  all  connection 
with  it.  It  is,  in  fact,  the  act  which  in  any  other 
society  would  be  called  a  resignation. 

The  right  of  demission  is,  then,  an  important 
right  in  its  reference  not  only  to  the  Mason  who 
applies  for  it,  but  also  to  the  Lodge  which  grants 
it,  since  its  operation  is  to  dissolve  all  Masonic  con- 
nection between  the  two  parties.  It  is  not,  there- 
fore, surprising  that  it  has  been  made  the  topic  of 
earnest  discussion,  and  elicited  various  opinions 
among  Masonic  jurists. 

Does  the  right  exist,  and  if  so,  under  what  re- 
strictions and  with  what  effects?  These  are  the 
questions  that  naturally  suggest  themselves,  and 
must  be  thoroughly  discussed  before  we  can  expect 
to  obtain  a  clear  comprehension  of  the  subject. 

There  never  has  been  any  doubt,  that  a  Mason, 
being  in  good  standing,  l;as  a  right  to  demit  from 

*  I  have  no  doubt  that  the  usual  orthography  of  this  word  is  wrong,  and 
that  it  should  be  spelled  dimit,  being  derived  from  the  Latin  verb  dimillere> 
to  dismiss,  to  leave,  to  discharge.  I  have,  however,  continued  the  spelling 
wnich  is  sanctioned  by  constant  usage,  at  least  since  the  year  1723.  "  If  a 
Master  of  a  particular  Lodge  is  deposed  or  demits,'1  is  the  language  of  n 
"egulation  adopted  in  that  year.  See  second  edit,  of  ANDERSON,  p.  156, 


RIGHT    OF   DEMISSION.  233 

one  Lodge  for  the  purpose  of  immediately  joining 
another.  To  exercise  tais  undoubted  right,  how- 
ever, he  must  at  the  time  be  in  good  standing  ;  that 
is,  free  from  all  charges  and  their  results.  It  is 
also  admitted  that  all  action  on  the  application  of 
any  member  for  a  demit  will  be  suspended,  if  at  the 
time  of  the  application  a  charge  shall  be  preferred 
against  the  applicant.  In  such  a  case  he  must  sub- 
mit to  a  trial,  and,  if  acquitted,  his  demit  may  then 
be  granted.  These  are  points  of  law  about  which 
there  is  no  dispute. 

The  only  question  of  Masonic  jurisprudence  on 
this  subject  which  has  given  rise  to  any  discussion 
is,  whether  a  member  can  demit  from  a  Lodge  for 
the  distinct  purpose  of  severing  all  active  connec- 
tion with  the  Order,  and  becoming  an  unaffiliated 
Mason.  And  it  may  be  observed,  that  it  is  only 
within  a  few  years  that  the  right  to  do  even  this 
has  been  denied. 

The  Grand  Lodge  of  Connecticut,  in  1858,  de- 
cided "  that  no  Lodge  should  grant  a  demit  to  any 
of  its  members,  except  for  the.  purpose  of  joining 
some  other  Lodge  ;  and  that  no  member  shall  be 
considered  as  having  withdrawn  from  one  Lodge 
until  he  has  actually  become  a  member  of  another." 

The  Grand  Lodge  of  Texas,  governed  by  a  simi- 
lar view  of  the  subject,  has  declared  that  "  it  does 
not  recognize  the  right  of  a  Mason  to  demit  or  sep- 
arate himself  from  the  Lodge  in  which  he  was  made 
or  may  afterwards  be  admitted,  except  for  the  pur- 
pose of  joining  another  Lodg3,  or  when  he  may  be 


234  RIGHT   OF  DEMISSION. 

about  to  remove  without  the  jurisdiction  of  the 
Lodge  of  which  he  is  a  member." 

I  regret  that  I  cannot  concur  in  the  correctness, 
in  point  of  law,  of  these  decisions  and  others  of  a 
similar  import  that  have  been  made  by  some  other 
Grand  Lodges.  Of  course  it  is  admitted  that  there 
is  no  Masonic  duty  more  explicitly  taught  in  the  an- 
cient Constitutions  than  that  which  requires  every 
Mason  to  be  a  member  of  some  Lodge.  But  I  can- 
not deny  to  any  man  the  right  of  withdrawing, 
whenever  he  pleases,  from  a  voluntary  association. 
The  laws  of  the  land  would  not  sustain  the  Masonic 
authorities  in  the  enforcement  of  such  a  regulation, 
and  our  own  self-respect,  if  there  were  no  other 
motive,  should  prevent  us  from  attempting  it. 

Freemasonry  is,  in  all  respects,  a  voluntary  asso- 
ciation, and  as  no  one  is  expected  or  permitted  to 
enter  within  its  folds  unless  it  be  of  his  "  own  free 
will  and  accord,"  so  should  his  continuance  in  it  be 
through  an  exercise  of  the  same  voluntary  disposi- 
tion. These  are  the  views  which  were  entertained 
by  a  committee  whose  report  was  adopted  in  1854 
by  the  Grand  Lodge  of  Ohio,  and  which  they  have 
expressed  in  the  following  language  : 

"  We  recognize  fully  the  doctrine  laid  down  in  the  ancient 
Constitutions, '  that  it  is  the  duty  of  every  Mason  to  belong 
to  some  regular  Lodge.'  But  as  his  entrance  into  the  frater- 
nity is  of  his  own  free  will  and  accord,  so  should  be  the  per- 
formance of  this  and  every  other  Masonic  duty.  When,  from 
whatever  cause,  he  desires  to  withdraw  his  membership  from 
ttie  Lodge,  it  is  his  undoubted  right  to  ask,  and  the  duty  of 


RIGHT   OP   DEMISSION.  25*5 

»he  Lodge,  ii%  there  be  no  objection  to  his  moral  standing, 
to  grant  him  an  honorable  discharge."* 

This,  then,  appears  to  me  to  be  the  state  of  the 
law  on  this  subject ;  a  Mason,  being  in  good  stand- 
ing, has  a  right  to  claim  a  demit  from  his  Lodge, 
and  the  Lodge  cannot  withhold  it.  But  a  demit 
from  a  Lodge,  as  it  severs  the  relation  of  the  de- 
mitting  member  to  his  Lodge,  and  releases  him  from 
the  obligation  to  pay  dues,  deprives  him  also  of  cer- 
tain privileges  with  which  his  membership  had  in- 
vested him.  These,  however,  will  become  the  sub- 
ject of  consideration  when  we  treat  of  unaffiliated 
Masons,  in  which  class  a  demit  necessarily  places 
the  individual  who  receives  it. 

Although,  as  I  have  already  said,  there  is  no  law 
in  any  of  the  ancient  Constitutions  which  forbids 
the  granting  of  demits  to  individual  Masons,  yet 
the  whole  spirit  of  the  institution  is  opposed  to  such 
a  system.  To  ask  for  a  demit,  without  the  inten- 
tion to  unite  with  another  Lodge,  is  an  act  which 
no  Mason  can  commit  without  violating  the  obliga- 
tions which  he  owes  to  the  Order.  It  is  an  aban- 
donment of  his  colors,  and  although  we  have  no 
power  to  prevent  his  desertion,  yet  we  can  visit  his 
unfaithfulness  with  moral  condemnation. 

But  there  is  a  case  of  demission  for  which  the 
Regulations  of  1721f  have  especially  enacted  a  law. 

*  Proceedings  of  the  G.  L.  of  Ohio,  1854,  p.  94. 

t  No  set  or  number  of  brethren  shall  withdraw  or  separate  themselves 
from  the  Lodge  in  which  they  were  made  brethren,  or  were  afterwards  ad- 
mitted members,  unless  the  Lodge  becomes  too  numerous  ;  nor  even  then 
•Aithoul  a  dispensation  from  the  Grand  Master  or  his  Deputy ;  and  when 


236  RIGHT  OF   DEMISSION. 

When  several  brethren  at  one  time  apply  for  de- 
mits, the  regulation  prescribes  that  these  demits 
shall  be  granted  only  where  the  Lodge  is  already 
too  numerous,  and  the  intention  of  the  demitting 
brethren  is  to  form  a  new  Lodge,  they  having  a  dis- 
pensation for  that  purpose  from  the  Grand  Master, 
or  at  once  to  unite  themselves  with  another  Lodge. 
The  withdrawal  of  many  members  at  one  time  from 
a  small  Lodge  would  manifestly  tend  to  its  injury, 
and  perhaps  cause  its  dissolution  ;  and  when  this  is 
done  without  the  intention  of  those  who  have  with- 
drawn to  unite  with  any  other  Lodge,  it  is  to  be 
presumed  that  the  act  -has  been  the  result  of  pique 
or  anger,  and  should  not,  therefore,  be  encouraged 
by  the  law. 

Still,  however,  we  are  again  met  with  the  diffi- 
culty which  opposes  us  in  the  consideration  of  an 
application  for  a  single  demit.  How  is  the  law  to 
be  enforced?  The  Regulation  of  1721  simply  de- 
clares that  uno  set  or  number  of  brethren  shall 
withdraw  or  separate  themselves  from  the  Lodge," 
but  it  affixes  no  penalty  for  the  violation  of  the 
regulation,  and  if  a  number  of  brethren  should  de- 
sire to  withdraw,  I  know  of  no  power  in  the  Ma- 
sonic institution  which  can  prevent  them  from  exer- 
cising that  right.  It  is  true,  that  if  an  unmasonic 
feeling  of  anger  or  pique  is  plainly  exhibited,  so 

they  are  thus  separated,  they  must  immediately  join  themselves  to  such 
other  Lodge  as  they  shall  like  best,  with  the  unanimous  consent  of  that  other 
Lodge  to  which  they  go,  or  else  they  must  obtain  the  Grand  Master's  war 
rant  to  join  in  forming  a  new  Lodge." — Regulations  of  1721.  Art.  viii 


RIGHT   OP  DEMISSIOX.  237 

that  a  charge  can  be  predicated  on  it,  the  demits 
may  be  withheld  until  the  charge  is  disproved.  But 
unless  such  charge  is  made,  the  demits  must  be 
granted.  The  holding  of  membership  in  a  Lodge 
is  an  absolute  duty,  but  one  which  cannot  be  en- 
forced.. If  a  Mason  violates  it,  all  that  can  be  done 
is  to  visit  him  with  the  penalties  which  fall  upon 
unaffiliated  Masons.  But  he  cannot  be  compelled 
to  continue  his  membership  contrary  to  his  own  in- 
clinations. The  penalties  of  non-affiliation  are  to 
begin,  not  when  a  Brother  asks  for  a  demit,  for  this 
may  be  done  for  a  good  purpose,  but  when,  after 
having  received  this  demit,  he  neglects  or  refuses, 
within  a  reasonable  time,  to  unite  with  another 
Lodge.  The  demit  must  be  granted,  if  the  Mason 
applying  is  in  good  standing  at  the  time,  and  the 
penalties  of  non-affiliation  must  be  subsequently  en- 
forced, if  he  renders  himself  obnoxious  to  them. 

The  Grand  Lodge  of  Connecticut  forbids  the 
granting  of  demits,  except  to  join  another  Lodge. 
North  Carolina  says  that  "  no  Lodge  possesses  the 
power  to  allow  a  Brother  to  withdraw  of  his  own 
accord."  Texas  does  not  recognize  the  right  of  de- 
mission. Missouri  declares  "  that  no  Brother  shall 
be  permitted  to  demit  from  any  Lodge,  except  for 
the  purpose  of  traveling  or  joining  another  Lodge.  r" 

On  the  other  side  of  the  question,  the  Grand 
Lodge  of  Michigan  thinks  that  "  the  compulsory 
method  of  keeping  Masons  after  they  have  once 
been  made  is  repugnant  to  the  voluntary  character 
of  the  institution."  Massachusetts  doubts  the  power 


238  RIGHT   OF   APPEAL. 

of  the  Grand  Lodge  to  obtain  successful  results  in 
the  case  of  compulsory  membership,  which  it  thinks 
"  even  if  practicable,  gives  very  slight  promise  of 
benefit  to  either  party."  New  York  says,  "  demis- 
sion is  the  joint  act  of  the  Lodge  and  the  member." 
Wisconsin,  Virginia,  Mississippi,  Tennessee,  and  the 
majority  of  the  Grand  Lodges,  while  reprobating 
the  practice  of  demitting,  do  not  deny  the  right. 

Amidst  these  contradictory  opinions,  I  have  en- 
deavored to  be  governed  by  the  analogies  of  law 
and  the  principles  of  equity,  which  lead  me  to  the 
belief  that  although  a  demission  made  with  the  in- 
tention of  a  total  disseverance  from  the  Order  is  a 
violation  of  Masonic  duty,  yet  there  is  no  power  in 
a  Lodge  to  refuse  it  when  demanded. 

SECTION  VII. 

THE    RIGHT    OF    APPEAL. 

The  Right  of  Appeal  is  an  inherent  right  belong- 
ing to  every  Mason,  and  the  Grand  Lodge  is  the 
appellate  body,  to  whom  the  appeal  is  to  be  made. 
The  principles  of  equality  and  justice,  upon  which 
the  institution  is  founded,  render  it  necessary  that 
there  should  be  a  remedy  for  every  injury  done  to 
or  injustice  inflicted  upon  the  humblest  of  its  mem- 
bers ;  for,  in  Masonry  as  in  the  municipal  law,  it  is 
held  as  a  maxim  that  there  is'  no  wrong  without  a 
remedy — ubi  jus  ibi  remedium.* 

*  "  If  a  man  has  a  right,  he  must  have  a  means  to  vindicate  and  maintain, 
and  a  remedy,  if  he  is  injured  in  the  exercise  and  enjoyment  of  it ;  and,  in- 
deed, it  is  a  vain  thing  to  imagine  a  right  without  a  remedy  ;  for  want  of  right 
ind  want  of  remedy  are  reciprocal." — BROOM.  Legal  Maxims,  p.  147 


BIGHT  OF  APPEAL.  239 

The  doctrine  of  appeals  is  founded  on  this  prin- 
ciple. It  furnishes  the  remedy  for  any  invasion  of 
Masonic  rights,  and  hence  it  may  be  considered  as 
one  of  the  most  important  prerogatives  that  the 
Mason  possesses. 

Appeals  are  of  two  kinds  :  1st,  frora  the  decision 
of  the  Master ;  2dly,  from  the  dooision  of  the  Lodge. 
Each  of  these  will  require  a  distinct  consideration. 

I.  Appeals  from  the  Decline u  of  the  Mcster.  It  is 
now  a  settled  doctrine  in  "Masonic  law  that  there 
can  be  no  appeal  from  the  decision  of  a  Master  of 
a  Lodge*  to  the  Lodge  itself.  But  an  appeal  al- 
ways lies  from  such  decision  to  the  Grand  Lodge, 
which  is  bound  to  entertain  the  appeal  and  to  in- 
quire into  the  correctness  of  the  decisionf.  Some 
writers  have  endeavored  to  restrain  the  despotic 
authority  of  the  Master  to  decisions  in  matters 
strictly  relating  to  the  work  of  the  Lodge,  while 
they  contend  that  on  all  questions  of  business  an 
appeal  may  be  taken  from  his  decision  to  the  Lodge.J. 

*  By  this  I  mean  the  presiding  officer,  whether  he  be  the  Master,  or  a 
Warden,  or  Past  Master,  holding  the  office  and  occupying  the  chair  pro 
tempore. 

f  "  It  is  not  in  accordance  with  ancient  Masonic  usage  to  allow  an  appeal 
to  be  taken  from  the  decision  of  the  Worshipful  Master  to  the  Lodge  which 
he  governs,  upon  any  question  whatever.  It  is  his  Lodge,  find  while  he  con- 
tinues to  be  Master,  he  has  a  right  to  rule,  and  they  are  bound  to  oboy  ;  but 
for  any  undue  assumptions  of  authority  he  is  amenable  to  the  Grand  Lodge, 
and  his  Lodge,  or  any  member  thereof,  may  present  the  facts  in  any  particu- 
lar case,  whenever  they  believe  their  Master  has  erred,  to  the  Grand  Lodge, 
tfho  alone  has  the  right  to  hear  and  determine  such  matter." — Cbw.  For 
Cor.  G.  L.  of  Ohio,  1848,  p.  93. 

I  Thus  the  Grand  Lodge  of  Ohio,  in  1846.  adopted  the  report  of  a  com- 
mittee which  announced  that  an  appeal  from  the  decision  of  the  Master. 


240  EIGHT   OF   APPEAL. 

But  it  would  be  unsafe,  and  often  impracticable,  to 
draw  this  distinction,  and  accordingly  the  highest 
Masonic  authorities  have  rejected  the  theory  and 
denied  the  power  in  a  Lodge  to  entertain  an  appeal 
from  any  decision  of  the  presiding  officer. 

It  must  be  admitted  that,  with  the  present  under- 
standing of  the  law  on  this  subject,  the  power  of  the 
Master  is  to  a  great  extent  rendered  despotic  in  his 
Lodge.  But  on  the  other  hand,  by  the  wise  pro- 
visions of  the  same  law,  this  despotism  is  restrained 
by  the  most  salutary  checks.  The  Master  himself 
is  bound  by  the  most  solemn  obligations  to  the  faith- 
ful discharge  of  his  duties  and  the  impartial  admin- 
istration of  justice  and  equity.  And  as  a  still  fur- 
ther safeguard,  the  Grand  Lodge,  as  the  appellate 
court  of  the  jurisdiction,  is  ever  ready  to  listen  to 
appeals,  to  redress  grievances,  to  correct  the  errors 
of  an  ignorant  Master,  and  to  punish  the  unjust  de- 
cisions of  an  iniquitous  one. 

As  it  is  admitted  to  be  the-  settled  law  of  Masonry 
that  no  appeal  can  be  taken  from  the  decision  of  the 
chair  to  the  Lodge,  and  as  it  is  the  duty  of  the 
Master  to  see  that  the  laws  of  Masonry  are  strictly 
enforced  in.  the  body  over  which  he  presides,  it  fol- 
lows, that  any  permission  of  an  appeal  "  by  cour- 
tesy," as  it  is  called,  would  be  highly  wrong.  The 
Master  may,  it  is  true,  at  all  times,  consult  the  mem- 

«n  a  question  of  business,  "  was  lawful  and  proper."  But  in  the  following 
year  the  Committee  of  Foreign  Correspondence  repudiated  the  doctrine  as 
an  unconstitutional  innovation,  in  the  emphatic  language  which  I  have  al 
ready  quoted  in  the  note  on  the  preceding  page. 


RIGHT  OP  APPEAL.  241 

jers  of  his  Lodge  on  any  subject  relating  to  their 
common  interest,  and  may  also,  if  he  thinks  proper, 
be  guided  by  their  advice.  But  when  he  has  once 
made  a  decision  on  any  subject  and  officially  pro- 
claimed it,  he  should,  under  no  promptings  of  deli- 
cacy or  forbearance,  permit  it  to  be  submitted  to  the 
Lodge  for  consideration,  under  an  appeal.  That 
decision  must  be  the  law  to  the  Lodge,  until  over- 
ruled by  the  paramount  decision  of  the  Grand 
Lodge.  The  Committee  of  Foreign  Correspond- 
ence of  the  Grand  Lodge  of  Tennessee  took,  there- 
fore, the  proper  view  of  this  subject,  when  they  said 
that  the  admission  of  appeals  by  courtesy,  that  is 
with  the  concurrence  of  the  Master,  might  ulti- 
mately become  a  precedent  from  which  would  be 
claimed  the  absolute  right  to  take  appeals. 

The  wisdom  of  this  law  must  be  apparent  to  any 
one  who  examines  the  nature  of  the  organization  of 
the  Masonic  institution.  The  Master  is  responsible 
to  the  Grand  Lodge  for  the  good  conduct  of  his 
Lodge.  To  him  and  to  him  alone  the  supreme  Ma- 
sonic authority  looks  for  the  preservation  of  order 
and  the  observance  of  the  modern  laws,  the  ancient 
Constitutions,  and  the  Landmarks  of  the  Order  in 
that  branch  of  the  institution  over  which  he  has 
been  appointed  to  preside.  It  is  manifest,  then, 
that  it  would  be  highly  unjust  to  throw  around  a 
presiding  officer  so  heavy  a  responsibility,  if  it  were 
in  the  power  of  the  Lodge  to  overrule  his  decisions 
or  to  control  his  authority.  As  the  law  will  make 
no  distinction  between  the  acts  of  a  Lodge  and  its 

11 


242  EIGHT   OF   APPEAL. 

Master,  and  will  not  permit  the  latter  to  cast  the 
odium  of  any  error  upon  the  body  over  which  he 
presides  and  which  he  is  supposed  to  control,  it  is 
but  right  that  he  should  be  invested  with  an  unlim- 
ited power  corresponding  with  his  unlimited  re- 
sponsibilities. 

II.  Appeals  from  the  Decisions  of  the  Lodge.  Ap- 
peals may  be  made  to  the  Grand  Lodge  from  the 
decisions  of  a  Lodge,  on  any  subject  except  the  ad- 
mission of  members,  or  the  election  of  candidates  ;* 
but  these  appeals  are  more  frequently  made  in  refer- 
ence to  conviction  and  punishment  after  trial. 

When  a  Mason,  in  consequence  of  charges  prefer- 
red against  him,  has  been  tried,  convicted,  and  sen- 
tenced by  his  Lodge,  he  has  an  inalienable  right  to 
appeal  to  the  Grand  Lodge  from  such  conviction 
and  sentence. 

His  appeal  may  be  either  general  or  specific. 
That  is,  he  may  appeal  on  the  ground,  generally, 
that  the  whole  of  the  proceedings  have  been  irregu- 
lar or  illegal,  or  he  may  appeal  specifically  against 
some  particular  portion  of  the  trial ;  or  lastly,  ad- 
mitting the  correctness  of  the  verdict,  and  acknowl- 
edging the  truth  of  the  charges,  he  may  appeal  from 
the  sentence,  as  being  too  severe  or  disproportion- 
ate to  the  offence. 

In  order  that  the  Grand  Lodge  may  be  enabled 
to  come  to  a  just  conclusion  on  the  merits  of  the 

*  By  the  Regulations  of  1721,  the  choice  of  members,  whether  by  affUra 
lion  or  initiation,  is  made  an  inherent  privilege  in  the  Lodges,  with  which  the 
Grand  Lodge  cannot  interfere. 


RIGHT   OF   APPEAL.  243 

question,  it  is  necessary  that  the  Lodge  should  fur- 
nish an  attested  copy  of  the  charge  or  charges,  and 
of  the  proceedings  on  the  trial,  and  this  it  is  bound 
to  do. 

There  is  no  specific  rule  to  govern  the  Grand 
Lodge  in  the  forms  which  it  may  adopt  for  con- 
ducting the  review  of  the  case.  But  the  most  usual 
method  is  to  refer  the  appeal,  with  the  testimony 
and  other  papers,  to  a  committee,  upon  whose  re- 
port, after  a  full  investigation,  the  Grand  Lodge 
will  act,  and  either  confirm  or  reverse  the  decision 
of  the  Lodge. 

If  the  Grand  Lodge  confirms  the  verdict  of  the 
subordinate,  the  appeal  is  dismissed,  and  the  sen- 
tence of  the  Lodge  goes  into  operation,  without  fur 
ther  action  on  the  part  of  the  Lodge. 

If,  on  the  contrary,  the  Grand  Lodge  reverses  the 
decision  of  its  subordinate,  the  appellant  is  placed 
thereby  in  the  same  position  that  he  occupied  before 
the  trial.  But  the  consequences  of  this  action,  as 
it  involves  some  very  important  points  of  Masonic 
law,  will  be  fully  discussed  when  we  come  to  the 
consideration  of  the  subject  of 'Restoration,  in  a  sub- 
sequent part  of  this  work. 

But  the  Grand  Lodge,  instead  of  a  complete  con- 
firmation or  reversal,  may  find  it  necessary  only  to 
modify  the  decision  of  the  Lodge. 

It  may,  for  instance,  approve  the  finding  of  the 
verdict,  but  disapprove  of  the  sentence,  as  being  too 
severe  ;  in  which  case  a  milder  one  may  be  substi- 
tuted. As,  for  instance,  expulsion  may  be  reduced 


244  RIGHT   OF   APPEAL. 

to  suspension.  On  the  other  hand,  the  Grand  Lodge 
may  consider  the  punishment  inflicted  not  commen- 
surate with  the  magnitude  of  the  offence,  and  may 
substitute  a  higher  grade,  as  expulsion  instead  of 
suspension.  It  must  be  understood  that,  although 
in  these  cases  the  Grand  Lodge  is  acting  in  some 
respects  as  an  appellate  court,  it  is  not  to  be  con 
trolled  by  all  the  rules  that  govern  such  bodies  in 
the  municipal  law.  It  cannot  divest  itself  of  its 
high  position  as  the  supreme  Masonic  authority  of 
the  State,  and  may  at  any  time,  or  at  any  part  of  the 
proceedings,  abandon  the  appellate  character  and 
assume  an  original  jurisdiction.* 

Lastly,  the  Grand  Lodge,  being  dissatisfied  either 
with  the  sufficiency  of  the  testimony,  the  formality 
and  legality  of  the  proceedings,  or  the  adequacy  of 
the  punishment,  may  simply  refer  the  case  back  to 
its  subordinate  for  a  new  trial.  If  the  reference 
back  has  been  made  on  the  ground  that  the  testimo- 
ny was  not  sufficient,  or  the  proceedings  irregular, 
then  the  trial  in  the  Lodge  must  be  commenced  de 
novo.  and  if  the  Brother  is  again  convicted,  he  may 
again  appeal ;  for  no  number  of  convictions  can 
abrogate  the  right  of  appeal,  which  is  inalienably 
invested  in  every  Mason.  But  if  the  case  is  refer- 

*  Thus  the  Grand  Lodge  of  Mississippi  adopted  the  report  of  a  committee 
which  affirmed  that  "  the  Grand  Lodge  has  ample  power  to  act  directly  in 
the  case,  by  reversing  the  decision  of  the  subordinate  Lodge,  without  sending 
the  case  back  to  the  Lodge  from  which  the  appeal  came  up." —  Proc.  G. 
L.  of  Miss.,  1857,  p.  GO.  Authorities  on  this  subject  might  easily  oe  multi- 
plied, as  instances  occur  every  year  in  which  sentences  are  reversed  without 
beip .'  sent  back  for  trial.  In  all  these  cases  the  Grand  Lodges  abandon  Ihcir 
appellate  character  and  assume  original  jurisdiction. 


RIGHT   OF  APPEAL.  24.r> 

red  back  on  account  of  the  inadequacy  of  the  pun- 
ishment, as  boing  too  severe  or  too  lenient,  it  will 
not  be  necessary  to  institute  a  new  trial,  but  simply 
to  review  that  part  of  the  proceedings  which  relate 
to  the  sentence. 

The  question  here  suggests  itself,  whether  on  an 
appeal  any  new  evidence  which  had  not  come  before 
the  Lodge  can  be  introduced  by  either  party.  It  is 
contrary  to  the  spirit  of  the  municipal  law,  in  the 
trial  of  an  appeal  by  a  superior  court,  to  permit  the 
introduction  of  evidence  that  was  not  originally 
given  to  the  court  below,*  because,  as  the  question 
is  whether  they  did  right  or  not  upon  the  evidence 
that  appeared  to  them,  "  the  law  judged  it  the  high- 
est absurdity  to  produce  any  subsequent  proof  upon 
such  trial,  and  to  condemn  the  prior  jurisdiction  for 
not  believing  evidence  which  they  never  knew."t 
But  in  Masonic  appeals  the  principle  is  different. 
Here,  as  I  have  already  observed,  the  Grand  Lodge 
does  not  act,  simply,  as  a  court  of  appeals,  but  as 
the  supreme  Masonic  authority,  and  may  at  any  time 
assume  original  jurisdiction  in  the  case.  The  Grand 
Lodge,  at  all  times,  when  any  of  the  great  principles 
of  Masonic  polity  are  at  issue — whether  the  hum- 
blest of  its  children  may  have  received  an  injury,  or 
one  of  its  Lodges  have  abused  its  chartered  privi- 
leges and  inflicted  an  act  of  injustice — is  not  to  be 

*  "  It  is  a  practice  unknown  to  our  law,  (though  constantly  followed  in  the 
spiritual  courts,)  when  a  superior  court  is  reviewing  the  sentence  of  an  infe- 
rior, to  examine  the  justice  of  the  former  decree  by  evidence  that  was  nevei 
produced  below.''— BLACKSTONE,  Comment,  b.  iii.ch.  27. 

t  JbiaL  b.  iii.  oh.  25. 


246  RIGHT   OP   APPEAL. 

governed  by  the  technicalities  of  law,  but  by  the 
great  principles  of  justice.  Like  the  Roman  consuls 
in  the  hour  of  public  danger,  it  is  invested  with  a 
dictatorial  power  "  to  see  that  the  republic  receiv  o 
no  harm."* 

Hence  it  is  competent  for  the  Grand  Lodge  to  re 
ceive  any  new  evidence,  or  to  inquire  into  any  new 
matter,  which  will  throw  light  upon  the  question  at 
issue  between  the  Lodge  and  the  appellant.t  But 
unless  the  case  be  one  of  aggravated  wrong  or  very 
palpable  error,  which  the  new  evidence  brings  to 
light,  a  due  sense  of  courtesy,  which  is  a  Masonic 
virtue,  will  prevent  the  Grand  Lodge  from  at  once 
reversing  the  decision  of  the  subordinate  Lodge,  but 
it  will  remand  the  case,  with  the  new  evidence,  to 
the  Lodge,  for  a  new  trial. 

In  conclusion,  it  must  be  remarked,  that  the  de- 
termination of  the  position  of  the  appellant,  during 
the  pendency  of  the  appeal,  is  a  question  of  law  that 
is  involved  in  much  difficulty.  Formerly  I  enter- 
tained the  opinion  that  the  appellant  in  this  case 
remains  in  the  position  of  a  Mason  "  under  charges/' 

*  Ne  quid  republica  delrimenti  caperet.  "  In  extraordinary  cases,  the 
Senate  made  an  act  that  the  consuls  should  take  care  that  the  common- 
wealth received  no  detriment ;  by  which  words  they  gave  absolute  power  to 
the  consuls  to  raise  armies  and  to  do  whatever  they  thought  proper  for  the 
public  interest" — DUNCAN'S  Cicero,  p.  116.  This  is  just  the  absolute  power 
possessed  at  all  times  by  a  Grand  Lodge.  It  is  to  see  that  the  Masonic  com 
monwealth  receives  no  detriment,  and  may  override  all  technical  laws,  ex 
cept  landmarks,  to  attain  this  object. 

t  The  Grand  Lodge  of  Ohio,  in  1823,  adopted  this  standing  resolution, 
that,  in  the  case  of  an  appeal,  "  the  Lodge,  or  the  person  charged,  shall  have 
the  benefit  of  any  additional  testimony." — Proceed.  G.  L.  o/  Ohio,  1823, 
p.  139 


RIGHT  OP   APPEAL.  247 

But  a  more  mature  reflection  on  this  subject,  in- 
duced by  a  very  general  opposition  of  the  fraterni- 
ty, has  led  me  to  review  my  decision.  It  is  acini  it- 
ted  as  Masonic  law,  that  until  the  opinion  of  the 
higher  body  is  known,  that  of  the  lower  must  con- 
tinue in  force.  Thus,  if  the  Master  decides  a  point 
of  order  erroneously,  the  Lodge  must  obey  it  until 
it  is  reversed,  on  appeal,  by  the  Grand  Lodge. 
This  doctrine  is  founded  on  the  principle  of  obe- 
dience to  authority,  which  lies  at  the  very  founda- 
tion of  the  Masonic  organization.  Hence,  judging 
by  analogy  in  the  cases  under  consideration,  I  am 
compelled  honestly  to  abandon  my  former  views, 
and  believe  that  the  sentence  of  the  Lodge  goes 
into  operation  at  once,  and  is  to  be  enforced  until 
the  Grand  Lodge  shall  think  proper  to  reverse  it. 
Still,  the  position  of  an  expelled  Mason  who'  has 
appealed  is  not  precisely  the  same  as  that  of  one 
who  has  submitted  to  the  sentence  of  expulsion. 
The  Grand  Lodge  of  New  York  has  very  properly 
denned  expulsion  as  implying  "  a  termination  not 
only  of  Masonic  intercourse  and  connection  with 
the  body  inflicting  it,  but  from  the  Masonic  frater- 
nity, unless  an  appeal  be  made"*  Now  the  last 
words  qualify  the  definition,  and  show  that  expul- 
sion, when  an  appeal  has  been  made,  does  not  pre- 
cisely imply  the  same  thing  as  expulsion  when  no 
appeal  has  been  entered.  Again :  expulsion  has 
boen  metaphorically  described  as  Masonic  death. 
Continuing  the  metaphor,  we  may  say  that  expul 

Const  G.  I*,  of  New  York,  §  45. 


248  EIGHT  OF   APPEAL. 

sion  under  appeal,  is  rather  a  state  of  Masonic 
trance  than  of  death.  The  expelled  person  is,  it  is 
true,  deprived  of  all  exercise  of  his  Masonic  func- 
tions, and  is  incapable  of  any  communion  with  his 
brethren,  but  the  termination  of  the  case  is  rendered 
uncertain  by  the  existence  of  the  appeal.  It  may 
end  in  a  confirmation  of  the  expulsion,  or  in  his  re- 
covery and  restoration  to  Masonic  rights.  So  that 
if  a  specific  term  is  required  to  designate  the  condi- 
tion of  one  who  has  been  suspended  or  expelled, 
during  the  pendency  of  his  appeal  from  the  sen- 
tence, it  may  be  called  a  quasi  suspension,  or  quasi 
expulsion.  The  individual  is  not  really  a  suspended 
or  expelled  Mason  until  his  appeal  is  dismissed  and 
the  sentence  confirmed  ;  but  in  the  meantime  he  is 
divested  of  all  his  Masonic  rights,  except  that  of 
appeal. 

The  right  of  appeal  differs  from  the  other  rights 
which  have  been  the  subject  of  discussion,  in  this, 
that  it  is  not  confined  to  Master  Masons,  but  is 
equally  enjoyed  by  Fellow  Crafts,  and  even  Entered 
Apprentices.  The  humblest  member  of  the  frater- 
nity, when  he  supposes  himself  to  be  injured  or 
unjustly  treated  by  his  superiors,  is  entitled  to  hL 
redress,  in  an  appeal  to  the  Grand  Lodge ;  for,  as 
has  been  already  observed,  it  is  the  wisdom  of  tha 
law  that  where  there  is  a  wrong,  there  must  be  a 
remedy 


RIGHT   OF   BURIAL. 


241) 


SECTION  VIII. 

THE    RIGHT    OF    BURIAL. 

The  right  to  be  conducted  to  his  last  home  by  his 
brethren,  and  to  be  committed  to  his  mother  earth 
with  the  ceremonies  of  the  Order,  is  one  that,  under 
certain  restrictions,  belongs  to  every  Master  Mason. 

I  have  sought,  in  vain,  in  all  the  ancient  Consti- 
tutions, to  find  any  law  upon  this  subject ;  nor  can 
the  exact  time  be  now  determined  when  funeral 
processions  and  a  burial  service  were  first  admitted 
as  Regulations  of  the  Order. 

The  celebrated  caricature  of  a  mock  procession 
of  the  "  Scald  Miserable  Masons,"*  as  it  was  called, 
was  published  in  1742,  and  represented  a  funeral 
procession.  This  would  seem  to  imply  that  Masonic 
fiMieral  processions  must  have  been  familiar  at  that 
time  to  the  people ;  for  a  caricature,  however  dis- 
torted, must  have  an  original  for  its  foundation. 

The  first  official  notice,  however,  that  we  have  of 
funeral  processions  is  in  November  of  the  year  1754, 
when  we  learn  that  "  several  new  regulations  con- 
cerning the  removal  of  Lodges,  funeral  processions, 
and  Tilers,  which  had  been  recommended  by  the 
last  Committee  of  Charity  for  Laws  of  the  Grand 
Lodge,  were  taken  into  consideration  and  unani- 
mously agreed  to."t 

The  regulation  then  adopted  prohibited  any  Ma- 

*  A  copy  of  this  caricature  will  be  found  in  Clavel's  Histoire  Pittoresquv 
de  la  Franc-ma<;onnerie,  p,  174. 
f  Book  of  Constitutions,  third  edit.,  p.  273. 

11* 


250  EIGHT   OF   BURIAL. 

son,  under  the  severest  penalties,  from  attending 
a  funeral  or  other  procession,  clothed  in  any  of  the 
jewels  or  badges  of  the  craft,  except  by  dispensa- 
tion of  the  Grand  Master  or  his  Deputy.* 

I  can  find  no  further  regulations  on  this  subject, 
either  in  the  previous  or  subsequent  editions  of  the 
Book  of  Constitutions,  until  we  arrive  at  the  mod- 
ern code  which  is  now  in  force  in  the  Grand  Lodge 
of  England. 

Preston,  however,  to  whom  we  are  indebted  for 
the  funeral  service,  which  has  been  the  basis  of  all 
modern  improvements  or  attempts  at  improvement, 
has  supplied  us  with  the  rules  on  this  subject,  which 
have  now  been  adopted,  by  general  consent,  as  the 
law  of  the  Order. 

The  regulations  as  to  funerals  are  laid  down  by 

Preston  in  the  following  words  : 

• 

"No  Mason  can  be  interred  with  the  formalities  of  the 
Order,  unless  it  be  at  his  own  special  request,  communicated 
to  the  Master  of  the  Lodge  of  which  he  died  a  member — 
foreigners  and  sojourners  excepted  ;  nor  unless  he  has  been 
advanced  to  the  third  degree  of  Masonry,  from  which  re- 
striction there  can  be  no  exception.  Fellow  Crafts  or  Ap- 
prentices are  not  entitled  to  the  funeral  obsequies."! 

The  only  restrictions  prescribed  by  Preston  are 
it  will  be  perceived,  that  the  deceased  must  have 
been  a  Master  Mason,  and  that  he  had  himself  made 
the  request.  But  the  great  increase  of  unaffiliated 
Masons,  a  class  that  did  not  exist  in  such  numbers 

*  Book  of  Constitutions,  third  edit.,  p.  365. 
^-PRESTON,  Illustrations,  Olivers  edit.,  p,  89. 


EIGHT   OP  BURIAL.  251 

In  former  times,  lias  led  many  Grand  Lodges  to 
introduce  as  a  new  restriction  the  regulation  that 
unaffiliated  Masons  shall  not  be  entitled  to  Masonic 
burial.  I  have  called  this  a  new  restriction ;  but 
although  not  made  in  as  many  words  in  the  rule  of 
Preston,  it  seems  to  be  evidently  implied  in  the  fact 
that  the  Mason  was  expected,  previous  to  his  death, 
to  make  the  request  for  funeral  obsequies  of  the 
Master  of  the  Lodge  of  which  he  died  a  member. 
As  unaffiliated  Masons  could  not  comply  with  this 
provision,  it  follows  that  they  could  not  receive 
Masonic  burial.  At  all  events,  it  has  now  become 
an  almost  universal  regulation. 

As  Master  Masons  alone  possess  the  right  of  Ma- 
sonic burial,  and  as  the  Lodge,  preparatory  to  that 
occasion,  is  required  to  be  opened  in  the  third  de- 
gree, it  follows  that  Fellow  Crafts  and  Entered  Ap- 
prentices are  not  permitted  to  join  in  a  funeral  pro- 
cession, and  accordingly  we  find  that  in  the  form  of 
procession  laid  down  by  Preston  no  place  is  allotted 
to  these  inferior  classes  of  the  fraternity,  in  which 
he  has  been  followed  by  all  subsequent  monitorial 
writers. 

As  to  the  dispensation  spoken  of  in  the  Regula- 
tions of  1754,  as  being  required  from  the  Grand 
Master  or  his  Deputy,  for  a  funeral  procession,  as 
that  regulation  was  adopted  at  so  late  a  period,  it 
cannot  be  considered  as  universal  Masonic  law. 
To  make  it  obligatory  in  any  jurisdiction,  it  is  ne- 
cessary that  it  should  be  adopted  as  a  local  law  by 
specific  enactment  of  the  Grand  Lodge  of  that  juris 


252  RIGHT   OF   BUEIAL. 

diction.  And  although  it  may  be  admitted  that,  for 
large  cities  especially,  it  is  a  very  wholesome  regu- 
lation, many  Grand  Lodges  have  neglected  or  de- 
clined to  adopt  it.  In  the  United  States,  dispen- 
sations for  this  purpose  have  very  seldom,  if  at  all, 
been  required.  Indeed,  Preston,  in  explaining  the 
object  of  the  regulation,  says  :  "  It  was  planned  to 
put  a  stop  to  mixed  and  irregular  conventions  of 
Masons,  and  to  prevent  them  from  exposing  to  de- 
rision the  insignia  of  the  Order,  by  parading  through 
the  streets  on  unimportant  occasions  ;  it  was  not. 
however,  intended  to  restrict  the  privileges  of  any 
regular  Lodge,-  or  to  encroach  on  the  legal  pre- 
rogative of  any  installed  Master."*  Accordingly,  in 
America,  Masons  have  generally  been  permitted  to 
bury  their  dead  without  the  necessity  of  a  dispensa- 
tion, and  the  Master  of  the  Lodge  engaged  in  this 
melancholy  task,  while  supposed  to  be  possessed  of 
competent  discretion  to  regulate  the  ceremony,  is  of 
course  held  amenable  to  the  Grand  Lodge  for  any 
impropriety  that  may  occur. 

However,  the  Grand  Lodge  of  New  York,  in 
1845,  probably  for  the  purpose  of  providing  against 
the  consequences  of  such  irregularities  as  are  alluded 
to  by  Preston,  enacted  that,  "  no  dispensation  au- 
thorizing a  funeral  procession  in  the  city  of  New 
York,  except  for  a  sojourner,  shall  be  issued,  unless 
requested  by  the  Master  and  Wardens  of  the  Lodge 
to  which  the  deceased  member  belonged. "1 

*  PRESTON,  p.  90  f  Const.  G  TV.  of  New  York,  §  132. 


CHAPTER    IV. 
Rasters, 


BEFORE  proceeding  to  a  consideration  of  the  du- 
ties and  prerogatives  of  Past  Masters,  the  attention 
of  the  reader  must  be  called  to  the  fact  that  there 
are  two  distinct  classes  of  Masons  who  bear  this 
technical  appellation,  namely,  those  who  have  pre- 
sided over  a  Lodge  of  Ancient  Craft  Masons,  and 
those  who  have  received  the  Past  Master's  degree 
in  a  Chapter  of  Royal  Arch  Masons.  Those  of  the 
former  class  are  known  as  "  actual  Past  Masters.'1 
and  those  of  the  latter  as  "  virtual  Past  Masters." 

It  is  only  of  the  former  class  —  the  actual  Past 
Masters  —  who  derive  the  title  from  having  presided 
over  a  symbolic  Lodge,  that  I  propose  to  speak  in 
the  present  work. 

Past  Masters  possess  but  very  few  positive  rights, 
distinct  from  those  which  accrue  to  all  Master 
Masons. 

The  first  and  most  important  of  these  is  eligi- 
bility to  membership  in  the  Grand  Lodge.  A  few 
years  ago,  in  consequence  of  a  schism  which  took 
place  in  the  jurisdiction  of  New  York,  an  attempt 
was  made  to  assert  for  Past  Masters  an  inherent 


254  OF   PAST  MASTERS. 

right  to  th  '.B  membership;  but  the  long  and  able  dis- 
cussions which  were  conducted  in  almost  all  the 
Grand  Lodges  of  the  Union  have  apparently  settled 
the  question  forever,  and  irresistibly  led  to  the  con- 
clusion that  Past  Masters  possess  no  such  inherent 
right,  and  that  membership  in  a  Grand  Lodge  can 
only  be  secured  to  them  as  an  act  of  courtesy  by  a 
special  enactment  of  the  body. 

In  the  earlier  history  of  Masonry,  when  the  Gen- 
eral Assembly,  which  met  annually,  was  composed 
of  the  whole  body  of  the  craft,  Past  Masters,  of 
course,  were  admitted  to  membership  in  that  assem- 
blage. And  so  also  were  all  Master  Masons  and 
Fellow  Crafts.*  But  at  the  organization  of  the 
Grand  Lodge  on  a  representative  basis,  in  1717, 
Past  Masters  were  not  originally  admitted  as  mem- 
bers. The  old  Constitutions  do  not  anywhere  re- 
cognize them.  There  is  no  mention  made  of  them  in 
any  of  the  editions  of  Anderson  or  his  editors,  En- 
tick  and  Northouck.  Even  the  schismatic  body  of 
"  Ancients,"  in  England,  in  the  last  century,  did  not 
at  first  recognize  them  as  a  distinct  class,  entitled 
to  any  peculiar  privileges.  Dermott,  in  the  edition 
of  his  "  Ahiman  Rezon,"  published  in  1778,  prefixed 
a  note  to  his  copy  of  the  Old  and  New  Regulation, 
taken  from  Anderson's  edition  of  1738,  in  which 
note  he  says,  "  Past  Masters  of  warranted  Lodges 
on  record  are  allowed  this  privilege,  (membership 
in  the  Grand  Lodge,)  whilst  they  continue  to  be 

*  Thus  the  Gothic  Constitutions  say  that,  in  926, "  Prince  Edwin  summoned 
all  the  Free  and  Accepted  Masons  in  the  kingdom  to  meet  him  in  a  Congre- 
gation at  York." — ANDERSON,  second  edit.,  p.  64. 


OF   PAST   MASTERS.  255 

members  of  any  regular  Lodge.77*  But  in  the  pre- 
vious edition  of  the  same  work,  published  in  1764, 
this  note  is  not  to  be  found,  nor  is  there  the  slightest 
reference  to  Past  Masters,  as  members  of  the  Grand 
Lodge.  Preston  states  that,  at  the  laying  of  the 
foundation-stone  of  Covent  Garden  Theatre,  in  1808, 
by  the  Prince  of  Wales,  as  Grand  Master,  "the 
Grand  Lodge  was  opened  by  Charles  March,  Esq., 
attended  by  the  Masters  and  Wardens  of  all  the 
regular  Lodges  ;"  and  in  no  part  of  the  description 
which  he  gives  of  the  ceremonies  is  any  notice  taken 
of  Past  Masters  as  constituting  a  part  of  the  Grand 

Lodge.t 

The  first  notice  which  we  obtain  of  Past  Masters 
as  a  component  part  of  the  Grand  Lodge  of  Eng- 
land, is  in  the  "  Articles  of  Union  between  the  two 
Grand  Lodges  of  England,"  which  were  adopted  in 
1813,  and  in  which  it  is  declared  that  the  Grand 
Lodge  shall  consist  of  the  Grand  and  Past  Grand 
Officers,  of  the  actual  Masters  and  Wardens  of  all 
the  warranted  Lodges,  and  of  the  "  Past  Masters  of 
Lodges  who  have  regularly  served  and  passed  the 
chair  before  the  day  of  union,  and  who  continued, 
without  secession,  regular  contributing  members  of 
a  warranted  Lodge."  But  it  is  also  provided,  that, 
after  the  decease  of  all  these  ancient  Past  Masters 
the  representation  of  every  Lodge  shall  consist  of 
its  Master  and  Wardens,  and  one  Past  Master  only 4 
This  was,  however,  evidently,  a  compromise  made 

*  DERMOTT,  Ahiman  Rezon,  ed.  177«  p  70. 
f  PRESTON,  Oliver's  edit.,  p.  341. 
t  Jlrid.  p.  362. 


256  OF   PAST  MASTERS. 

for  the  sake  of  the  Athol  Past  Masters,  who  from 
1778,  and  perhaps  a  little  earlier,  had  enjoyed  the 
privileges  of  membership,  just  as  in  1858,  a  similar 
compromise  was  made  by  the  Grand  Lodge  of  New 
York,  at  its  union  with  the  schismatic  body,  when 
all  Past  Masters,  who  were  members  of  the  Grand 
Lodge  in  18-19,  were  permitted  to  continue  their 
membership.  But  the  regular  Grand  Lodge  of  Eng- 
land never  recognized  the  inherent  right  of  Past 
Masters  to  membership  in  the  Grand  Lodge,  as  will 
appear  from  the  following  language  used  in  a  re- 
port adopted  by  that  body  in  1851  : 

"  We  think  it  clear  that  the  right  of  Past  Masters  to  vote 
in  Grand  Lodge,  wherever  and  so  long  as  that  right  subsists, 
is  due  to,  and  depends  entirely  upon,  the  Constitutions  which 
grant  such  a  privilege,  and  therefore  is  not  inherent."* 

It  seems,  therefore,  now  to  be  admitted  by  very 
general  consent  of  all  authorities,  that  Past  Masters 
possess  no  inherent  right  to  membership  in  a  Grand 
Lodge  ;  but  as  every  Grand  Lodge  is  invested  with 
the  prerogative  of  making  regulations  for  its  own 
government,  provided  the  landmarks  are  preserved,! 
it  may  or  may  not  admit  Past  Masers  to  membership 
and  the  right  of  voting,  according  to  its  own  notions 
of  expediency.  This  will,  however,  of  course  be, 
in  each  jurisdiction,  simply  a  local  law  which  the 
Grand  Lodge  may  at  any  time  amend  or  abrogate. 

*  Report  of  the  Committee  of  the  Grand  Lodge  of  England  on  the  New 
York  difficulties. 

t  "  Every  annual  Grand  Lodge  has  an  inherent  right,  power,  and  authority 

to  make  new  regulations, provided  always  that  the  old  landmarks  be 

carefully  preserved.''—  Regulations  of  1721.  Art.  xxxlx.  See  ante  p.  79. 


OF   PAST  MASTERS.  257 

Still,  the  fact  that  Past  Masters,  by  virtue  of 
their  rank,  are  capable  of  receiving  such  a  courtesy 
when  Master  Masons  are  not,  in  itself  constitutes  a 
prerogative,  and  the  eligibility  to  election  as  mem- 
bers of  the  Grand  Lodge,  with  the  consent  of  that 
body,  may  be  considered  as  one  of  the  rights  of  Past 
Masters. 

Another  right  possessed  by  Past  Masters  is  that 
of  presiding  over  their  Lodges,  in  the  absence  of 
the  Master,  and  with  the  consent  of  the  Senior  War- 
den, or  of  the  Junior,  if  the  Senior  is  not  present. 
The  authority  of  the  absent  Master  descends  to  the 
Wardens  in  succession,  and  one  of  the  Wardens 
must,  in  such  case,  congregate  the  Lodge.  After 
which  he  may,  by  courtesy,  invite  a  Past  Master  of 
the  Lodge  to  preside.  But  as  this  congregation  of 
the  Lodge  by  a  Warden  is  essential  to  the  legality 
of  the  communication,  it  follows  that,  in  the  ab- 
sence of  the  Master  and  both  Wardens,  the  Lodge 
cannot  be  opened;  and  consequently,  under  such 
circumstances,  a  Past  Master  cannot  preside.  But 
no  member,  unless  he  be  a  Warden  or  a  Past  Mas- 
ter, with  the  consent  of  the  Warden,  can  preside 
over  a  Lodge  ;  and,  therefore,  the  eligibility  of  a 
Past  Master  to  be  so  selected  by  the  Warden,  and. 
after  the  congregation  of  the  Lodge  by  the  latter 
officer,  to  preside  over  its  deliberations  and  conduct 
its  work,  may  be  considered  as  one  of  the  rights  of 
Past  Masters. 

Past  Masters  also  are  invested  with  the  right  of 
installing  their  successors,  There  is,  it  is  true,  no 


258  OF   PAST  MASTERS. 

Ancient  Regulation  which  expressly  confers  upoL 
them  this  prerogative,  but  it  seems  always  to  have 
been  the  usage  of  the  fraternity  to  restrict  the  in- 
stalling power  to  one  who  had  himself  been  install- 
ed, so  that  there  might  be  an  uninterrupted  suc- 
cession in  the  chair.  Thus,  in  the  "  Ancient  In- 
stallation Charges/'  which  date  at  least  as  far  back 
as  the  seventeenth  century,  in  describing  the  way  in 
which  the  charges  at  an  installation  were  given,  it 
is  said,*  "  tune  unus  ex  senioribus  tenet  librum,  et 
illi  ponent  manum  suam  super  librum  ;"  that  is,  "  then 
one  of  the  elders  holds  the  book  [of  the  law],  and 
they  place  their  hand  upon  it ;"  where  senioribus, 
may  be  very  well  interpreted  as  meaning  the  elder 
Masters,  those  who  have  presided  over  a  Lodge  : 
seniores,  elders,  like  the  equivalent  Greek  <7rp£/3urspo{, 
presbyters,  being  originally  a  term  descriptive  of 
age  which  was  applied  to  those  in  authority. 

In  1717,  the  first  Grand  Master,  under  the  new 
organization,  was  installed,  as  we  learn  from  the 
book  of  Constitutions,  by  the  oldest  Master  of  a 
Lodge. t  Preston  also  informs  us,  in  his  ritual  of 
installation,  that  when  the  Grand  Master  does  not 
act,  any  Master  of  a  Lodge  may  perform  the  cere- 
mony4  Accordingly,  Past  Masters  have  been  uni- 
versally considered  as  alone  possessing  the  right  of 
installation.  In  this  and  all  similar  expressions,  it 
must  be  understood  that  Past  Masters  and  installed 

*  See  PRESTON,  01.  ed.,  p.  71,  note. 
t  See  ANDERSON,  second  edit.,  p   \W. 
1  PRESTON,  01.  ed.,  p.  71,  note 


O*'   PAST  MASTERS.  259 

Masters,  although  not  having  been  twelve  month? 
in  the  chair,  are  in  Masonic  law  identical.  A  Mas 
ter  of  a  Lodge  becomes  a  Past  Master,  for  all  legal 
purposes,  as  soon  as  he  is  installed. 

A  Past  Master  is  eligible  to  election  to  the  chair, 
without  again  passing  through  the  office  of  Warden. 
The  Old  Charges  prescribe  that  no  one  can  be  a 
Master  until  he  has  served  as  a  Warden.  Past 
Masters  having  once  served  in  the  office  of  Warden, 
always  afterwards  retain  this  prerogative  conferred 
by  such  service. 

Past  Masters  are  also  entitled  to  a  seat  in  the 
East,  on  the  right  and  left  of  the  Worshipful  Mas- 
ter, that  he  may,  on  all  necessary  occasions,  avail 
himself  of  their  counsel  and  experience  in  the  gov- 
ernment of  the  Lodge  ;  but  this  is  a  matter  left  en- 
tirely to  his  own  discretion,  for  in  the  deliberations 
of  the  Lodge  the  Master  is  supreme,  and  Past  Mas- 
ters possess  no  other  privileges  of  speaking  and 
voting  than  belong  to  all  other  Master  Masons. 
As  a  mark  of  respect,  and  as  a  distinction  of  rank, 
Past  Masters  are  to  be  invested  with  a  jewel  pecu- 
liar to  their  dignity.* 

By  a  Regulation  contained  in  the  Charges  ap- 
proved in  1722,  it  appears  that  none  but  Past  Mas- 
ters were  eligible  to  the  offices  of  Deputy  Grand 

*  The  jewel  of  a  Past  Master,  in  the  United  States,  is  a  pair  of  compasses 
extended  to  sixty  degrees,  on  the  fourth  part  of  a  circle,  with  a  sun  in  the 
centre.  In  England,  it  was  formerly  the  square  on  a  quadrant,  but  is,  by 
later  regulations,  the  Master's  square,  with  a  silver  plate  suspended  within  it; 
on  which  is  engraved  the  celebrated  forty -seventh  problem  of  Euclid. 


260  OF   PAST   MASTERS. 

Master,  or  Grand  Warden.*  The  office  of  Grand 
Master,  however,  required  no  such  previous  qualifi 
cation.  The  highest  officer  of  the  Order  might  be 
selected  from  the'  ranks  of  the  fraternity.  The  rea- 
son of  this  singular  distinction  is  not  at  first  appa- 
rent, but,  on  reflection,  will  be  easily  understood. 
The  Deputy  and  Wardens  were  the  working  officers 
of  the  Grand  Lodge,  antl  expected  to  bring  to  the 
discharge  of  the  duties  of  their  stations  some  expe- 
rience derived  from  previous  service  in  the  Order. 
Hence  they  were  selected  from  the  elders  of  the 
craft.  But  the  Grand  Master  was  always,  when 
possible,  selected,  not  on  account  of  his  Masonic 
knowledge  or  experience — for  these,  it  was  supposed, 
would  be  supplied  for  him  by  his  Deputy t — but  on 
account  of  the  lustre  that  his  high  position  and  in- 
fluence in  the  state  would  reflect  upon  the  Order. 
Thus,  the  Old  Charges  say  that  the  Grand  Master 
must  be  "  nobly  born,  or  a  gentleman  of  the  best 
fashion,  or  some  eminent  scholar,  or  some  curious 
architect  or  other  artist,  descended  of  honest  pa- 
rents, and  who  is  of  singular  great  merit,  in  the 
opinion  of  the  Lodges."^  But  it  was  seldom  possi- 
ble to  find  a  nobleman,  or  other  distinguished  per 
son,  who  had  passed  through  the  inferior  offices  of 
the  Order,  or  bestowed  any  very  practical  attention 

*  See  ante  p.  58. 

t  Thus  the  General  Regulations  of  1721,  in  view  of  this  fact,  provide  that 
"  the  Grand  Master  should  receive  no  intimation  of  business  concerning  Ma 
sonry,  but  from  his  Deputy  first,"  and  the  Deputy  is  also  directed  "  to  preparn 
the  business  speedily,  and  to  lay  it  orderly  before  his  Worship."-  -Art.  xvi. 

*  See  ante  p.  58. 


OF   PAST  MASTERS.  2G1 

on  Masonry.  It  was,  therefore,  thought  better  thai 
the  craft  should  enjoy  the  advantages  of  a  Grand 
Master  in  high  social  position,  however  unskilled  in 
the  art  he  might  be,  than  of  one,  no  matter  how 
much  Masonic  experience  he  possessed,  if  he  was 
without  worldly  influence.  Therefore  no  other  qua- 
lification was  required  for  the  office  of  Grand  Mas- 
ter than  that  of  being  a  Fellow  Craft.  The  regu- 
lation is  not  now  necessary,  for  Masonry  in  the 
elevated  condition  that  it  has  now  attained,  needs 
no  extraneous  influence  to  support  it,  and  Grand 
Masters  are  often  selected  for  their  experience  and 
Masonic  zeal ;  but,  in  the  eighteenth  century,  the 
Order  undoubtedly  derived  much  advantage,  as  it 
does  even  now  in  Europe,  from  the  long  array  of 
royal  and  noble  Grand  Masters. 

All  that  has  been  here  said  of  the  rights  of  Past 
Masters  must  be  considered  as  strictly  referring  to 
actual  Past  Masters  only ;  that  is  to  say,  to  Past 
Masters  who  have  been  regularly  installed  to  pre- 
side over  a  Lodge  of  Ancient  Craft  Masons,  under 
the  jurisdiction  of  a  Grand  Lodge.  Virtual  Past 
Masters,  or  those  who  have  received  the  degree  in 
a  Chapter,  as  preparatory  to  exaltation  to  the  Royal 
Arch,  possess  none  of  these  rights. 

A  few  years  ago,  this  distinction  of  actual  and 
virtual  Past  Masters  gave  rise  to  much  discussion  in 
the  Order ;  and  although  the  question  of  their  re- 
spective rights  is  now  very  generally  settled,  it  is 
proper  that  a  few  words  should  be  devoted  to  its 
consideration. 


262  OF  PAST   MASTERS. 

The  question  to  be  investigated  is,  whether  a  vir 
tual  or  Chapter  Past  Master  can  install  the  Mastei 
elect  of  a  symbolic  Lodge,  or  be  present  when  he 
receives  the  Past  Master's  degree  during  the  cere 
mony  of  installation. 

The  Committee  of  Foreign  Correspondence  ol 
New  York,  held,  in  1851,  that  a  Chapter  Past  Mas- 
ter cannot  legally  install  the  Master  of  a  symbolic 
Lodge,  but  that  there  is  no  rule  forbidding  his  be- 
ing present  at  the  ceremony. 

In  South  Carolina,  virtual  Past  Masters  are  not 
permitted  to  install,  or  be  present  when  the  degree  is 
conferred  at  the  installation  of  a  Master  of  a  Lodge. 
They  are  not  recognized  by  the  Grand  Lodge. 

Bro.  Gedge,  of  Louisiana,  asserted,  in  1852,  that 
"  it  is  the  bounden  duty  of  all  Grand  Lodges  to  pre- 
vent the  possessors  of  the  Chapter  degree  from  the 
exercise  of  any  function  appertaining  to  the  office 
and  attributes  of  an  installed  Master  of  a  Lodge  of 
symbolic  Masonry,  and  refuse  to  recognize  them  as 
belonging  to  the  Order  of  Past  Masters."* 

Bro.  Albert  Pike,  one  of  the  most  distinguished 
Masonic  jurists  of  the  present  day,  says  that  he  does 
not  consider  "  that  the  Past  Master's  degree,  con- 
ferred in  a  Chapter,  invests  the  recipient  with  any 
rank  or  authority,  except  within  the  Chapter  itself; 

*  At  the  same  communication  the  Grand  Lodge  of  Louisiana  unanimously 
adopted  a  resolution,  declaring  that  "  it  can  only  .concede,  and  does  only 
concede  the  title  and  privileges,  and  confide  the  duties  of  Past  Master  only 
to  such  Master  Masons  as  have  been  regularly  elected  and  installed  into  th<.' 
office  of  Master  of  a  Lodge  of  symbolic  Freemasonry,  constituted  and  char 
tered  by  a  lawful  Grand  Lodge."— Proc.  Q-.  L.  of  La.,  pp.  76  and  90. 


OF   PAST  MASTERS.  263 

that  it  in  no  way  qualifies  or  authorizes  him  to  pre- 
side in  the  chair  of  a  Lodge  ;  that  a  Lodge  has  no 
legal  means  of  knowing  that  he  has  received  the  de 
gree  in  a  Chapter ;  for  it  is  not  to  know  anything 
that  takes  place  there  any  more  than  it  knows  what 
takes  place  in  a  Lodge  of  Perfection,  or  a  Chapter 
of  Rose  Croix."*  whence  it  follows,  that  if  the  actual 
Past  Masters  of  a  lodge  have  no  legal  means  of 
recognition  of  the  virtual  Past  Masters  of  a  Chap- 
ter, the  former  cannot  permit  the  latter  to  install 
or  be  present  at  an  installation.!" 

The  foundation  of  this  rule  is  laid  in  the  soundest 
principles  of  reason.  It  is  evident,  from  all  Masonic 
history,  that  the  degree  of  Past  Master,  which  was 
exceedingly  simple  in  its  primitive  construction, 
was  originally  conferred  by  symbolic  Lodges,  as  an 
honorarium  or  reward  upon  those  brethren  who  had 
been  called  to  preside  in  the  Oriental  chair.  Thus 
it  was  simply  an  official  degree,  and  could  only  be 
obtained  in  the  Lodge  which  had  conferred  the  of- 
fice. But  as  it  always  has  been  a  regulation  of  the 
Royal  Arch  degree  that  it  can  be  conferred  only  on 
one  who  has  "  passed  the  chair/7  or  received  the 
Past  Master's  degree,  which  originally  meant  that 
none  but  the  Masters  of  Lodges  could  be  exalted  to 
the  Royal  Arch,  as  the  degree  was  considered  too  im- 
portant to  be  bestowed  on  all  Master  Masons  indis- 
criminately, it  was  found  necessary  when  Chapters 

*  Report  on  Masonic  Jurisprudence  to  the  Grand  Lodge  of  Arkansas. 

t  ~Sor  can  I  readily  understand  how  a  Chapter  Past  Master  can  consent, 
as  such,  to  sit  in  a  Past  Master's  Lodge  with  Past  Masters  who  have  net 
received  the  Mart  degree. 


264  OF  PAST   MASTERS. 

were  organized  independently  of  symbolic  Lodges 
to  introduce  the  degree,  as  a  preparatory  step  to  the 
exaltation  of  their  candidates  to  the  Royal  Arch. 

Hence  arose  the  singular  anomaly,  which  now  ex- 
ists in  modern  Masonry,  of  two  degrees  bearing  the 
same  name  and  identical  in  character,  but  which  are 
conferred  by  two  different  bodies,  under  distinct 
jurisdictions  and  for  totally  different  purposes.  The 
Past  Master's  degree  is  conferred  in  a  symbolic 
Lodge  as  an  honorarium  upon  a  newly-elected  Mas- 
ter, and  as  a  part  of  the  installation  ceremony.  In 
a  Chapter,  it  is  conferred  as  a  preparatory  qualifi- 
cation to  the  reception  of  the  Royal  Arch  degree. 
All  this  was  well  understood  at  the  beginning,  ancj 
is  not  now  denied  by  any  who  have  made  researches 
into  the  subject.  Still,  as  the  details  of  this  history 
became,  by  the  lapse  of  time,  less  generally  known, 
disputes  began  to  arise  between  the  two  parties  as 
to  the  vexatious  questions  of  legitimacy  and  juris- 
diction. In  these  controversies,  the  virtual  or  Chap- 
ter Past  Masters  denied  the  right  of  the  symbolic 
Lodges  to  confer,  and  the  actual  or  installed  Past 
Masters  rightly  contended  that  the  conferring  of  the 
degree  in  Chapters  is  an  innovation. 

It  must  be  evident,  then,  from  what  has  been  said, 
that  the  Chapter  degree  has  nothing,  and  can  have 
nothing,  to  do  with  the  same  degree  as  conferred  in 
a  Lodge ;  and  that  Chapter  Past  Masters  neither 
have  the  right  to  install  the  Masters  elect  of  sym- 
bolic Lodges,  nor  to  be  present  when,  in  the  course 
of  installation,  the  degree  is  conferred. 


CHAPTER    V. 

£   ana£f  tltattlr 


AN  unaffiliated  Mason  is  one  who  does  not  hold 
membership  in  any  Lodge.*  Such  a  class  of  Masons, 
if  amounting  to  any  great  number,  is  discreditable 
to  the  Order,  because  their  existence  is  a  pregnant 
evidence  that  care  has  not  been  taken  in  the  selec- 
tion of  members  ;  and  accordingly,  for  some  years 
past,  the  Grand  Lodges  of  this  country  have  been 
denouncing  them  in  the  strongest  terms  of  condem- 
nation, at  the  same  time  that  able  discussions  have 
been  carried  on  as  to  the  most  eligible  method  of 
checking  the  evil. 

The  Special  Committee  on  Jurisprudence  of  the 
Grand  Lodge  of  Virginia  said,  in  1856,  with  great 
truth,  that  "  it  cannot  be  concealed  that  this  class 
of  drones  in  the  hive  of  Masonry,  now  numbered  by 


*  The  word  is  derived  from  the  French  word  affilier,  which  Richdet  thus 
defines  :  rt  Donner  a  quelqu'un  participation  des  biens  spirituals  d'un  Ordre 
religieux :  cette  communication  se  nomme  affiliation"  That  is :  "  To 
communicate  to  any  one  a  participation  in  the  spiritual  benefits  of  a  re- 
ligious order :  such  a  communication  is  called  an  affiliation" — RICHKLET, 
Diet  de  la  Langue  Fran^oise.  The  word  is  found  in  none  of  the  older 
Masonic  books. 

12 


266  OF  UNAFFILIATED   MASONS. 

thousands  in  America,  are  exerting  a  very  unwhole- 
some influence  on  the  position  which  our  time- 
honored  institution  is  entitled  to  hold  before  the 
world.7'* 

It  is  important,  therefore,  that  we  should  inquire 
into  the  prerogatives  of  this  class,  and  into  the  na- 
ture of  the  relations  which  exist  between  them  and 
the  body  from  which  they  have  withdrawn. 

In  the  first  place,  it  may  be  stated,  that  there  is 
no  precept  more  explicitly  expressed  in  the  ancient 
Constitutions  than  that  every  Mason  should  belong 
tD  a  Lodge.  The  foundation  of  the  law  which  im- 
poses this  duty  is  to  be  traced  as  far  back  as  the 
Gothic  Constitutions  of  926,  which  tell  us  that  "  the 
workman  shall  labor  diligently  on  work-days,  that 
he  may  deserve  his  holidays. "t  The  obligation  that 
every  Mason  should  thus  labor  is  implied  in  all  the 
subsequent  Constitutions,  which  always  speak  of  Ma- 
sons as  working  members  of  the  fraternity,  until  we 
come  to  the  Charges  approved  in  1722,  which  expli- 
citly state  that  "  every  Brother  ought  to  belong  to 
a  Lodge,  and  to  be  subject  to  its  By-Laws  and  the 
General  Regulations.7^ 

Explicitly,  however,  as  the  law  has  been  an- 
nounced, it  has  not,  in  modern  times,  been  observed 
with  that  fidelity  which  should  have  been  expected, 
perhaps,  because  no  precise  penalty  was  annexed  to 
its  violation.  The  word  "  ought"  has  given  to  the 

*  Report  of  Special  Committee  on  Masonic  Jurisprudence  to  the  Grand 
Lodge  of  Virginia,  1855,  p.  3. 
t  See  ante  p.  45.       }  See  ante  p.  56. 


OF   UNAFFILIATED   MASONS.  267 

regulation  a  simply  declaratory  form  ;  and  although 
we  are  still  compelled  to  conclude  that  its  violation 
is  a  neglect  of  Masonic  duty,  and  therefore  punish 
able  by  a  Masonic  tribunal,  Masonic  jurists  have 
been  at  a  loss  to  agree  upon  the  nature  and  extent 
of  the  punishment  that  should  be  inflicted. 

The  Grand  Lodge  of  Georgia  prohibits  Master 
Masons  who  remain  unaffiliated  more  than  twelve 
months  from  visiting  other  Lodges,  or  receiving 
any  of  the  privileges  or  benefits  of  Masonry. 

Maryland  deprives  them  of  the  right  of  visit. 

Mississippi  divests  unaffiliated  Masons  of  all  the 
rights  and  privileges  of  the  Order — those,  namely, 
of  visiting  Lodges,  demanding  charitable  aid,  re- 
ceiving Masonic  burial,  or  joining  in  Masonic  pro- 
cessions. 

Iowa  directs  them  to  be  tried  and  suspended  if 
they  give  no  valid  excuse  for  their  non-affiliation. 

South  Carolina  withholds  Masonic  aid,  and  denies 
to  them  the  right  of  visit,  except  once,  to  every 
Lodge. 

Vermont  deprives  them  of  "  all  the  rights,  bene- 
fits, and  privileges  of  the  Lodges,"  but  makes  a  res- 
ervation in  favor  of  poor  brethren  who  cannot  afford 
to  pay  Lodge  dues. 

Virginia  declares  them  to  be  not  entitled  to  the 
benefits  of  Masonry. 

Wisconsin  refuses  to  grant  relief  to  them,  unless 
they  can  assign  good  reasons  for  non-affiliation. 

Alabama  deprives  them  of  Masonic  relief  and 
burial. 


268  OP   UNAFFILIATED   MASutfS. 

New  York  forbids  them  to  visit  more  than  twice, 
withholds  relief  and  Masonic  burial,  and  deprives 
them  of  the  right  of  joining  in  processions. 

California  orders  its  Lodges  to  try  them,  and  de- 
clares them  unworthy  of  Masonic  charity. 

Indiana  forbids  them  to  join  in  processions,  and 
deprives  them  of  the  rights  of  relief,  visit,  and 
burial. 

North  Carolina  directs  them  to  be  taxed.  The 
same  principle  of  taxation  has  at  various  times 
oeen  adopted  by  Texas,  Ohio,  Arkansas,  and  Mis- 
souri. 

Minnesota  declares  it  an  offence  to  admit  an  unaf- 
filiated  Mason,  as  a  visitor,  more  than  three  times, 
and  denies  them  the  right  of  Masonic  relief,  burial, 
and  joining  in  processions. 

In  short,  while  the  penalty  inflicted  for  non-affili- 
ation has  varied  in  different  jurisdictions,  I  know 
of  no  Grand  Lodge  that  has  not  concurred  in  the 
view  that  it  is  a  Masonic  offence,  to  be  visited  by 
some  penalty,  or  the  deprivation  of  some  rights. 

And  certainly,  as  it  is  an  undoubted  precept  of 
our  Order,  that  every  Mason  should  belong  to  a 
Lodge,  and  contribute,  as  far  as  his  means  will 
allow,  to  the  support  of  the  institution  ;  and  as,  by 
his  continuance  in  a  state  of  non-affiliation,  he  vio- 
lates this  precept,  and  disobeys  the  law  which  he 
nad  promised  to  support,  it  necessarily  follows  that 
an  unaffiliated  Mason  is  placed  in  a  very  different 
position,  morally  and  legally,  from  that  occupied  by 
an  affiliated  one.  Let  us  now  inquire  into  the  na- 


OF   UNAFFILIATED   MASONS.  269 

ture  of  that  new  position,  and  its  legal  effects 
But  I  must  premise,  for  the  better  understanding 
of  the  views  that  will  be  announced  on  this  subject, 
that  every  Mason  is  placed,  by  the  nature  of  the 
Masonic  organization,  in  a  two-fold  relation :  first, 
to  the  Order  ;  and  next,  to  his  Lodge. 

The  relation  of  a  Mason  to  the  Order  is  like  that 
of  a  child  to  its  parent — a  relation  which,  having 
once  been  established,  never  can  be  obliterated.  As 
no  change  of  time,  place,  or  circumstance  can  au- 
thorize the  child  to  divest  himself  of  that  tie  which 
exists  between  himself  and  the  author  of  his  exist- 
ence— a  tie  which  only  death  can  sever — so  nothing 
can  cancel  the  relationship  between  every  Mason  and 
his  Order,  except  expulsion,  which  is  recognized  as 
equivalent  to  Masonic  death.  Hence  results  the 
well-known  maxim  of,  "  Once  a  Mason  and  always  a 
Mason.77  It  follows,  therefore,  that  an  unaffiliated 
Mason  is  not  divested,  and  cannot  divest  himself,  01 
all  his  Masonic  responsibilities  to  the  fraternity  in 
general,  nor  does  he  forfeit  by  such  non-affiliation 
the  correlative  duties  of  the  craft  to  him  which  arise 
out  of  his  general  relation  to  the  Order.  He  is 
still  bound  by  certain  obligations,  which  cannot  be 
canceled  by  any  human  authority ;  and  by  similar 
obligations  every  Mason  is  bound  to  him.  These 
obligations  refer  to  the  duties  of  secrecy  and  of  aid 
in  the  hour  of  imminent  peril.  No  one  denies  the 
perpetual  existence  of  the  first ;  and  the  very  lan- 
guage— giving  no  room  for  any  exceptions  in  its 
phraseology — in  which  the  latter  is  couched,  leaves 


OF   UNAFFILIATED   MASONS. 

no  opportunity  for  reservation  as  to  affiliated  Masons 
only. 

Bro.  Albert  Pike,  in  his  report  to  the  Grand 
Lodge  of  Arkansas,  while  discussing  this  subject, 
says  :  "  If  a  person  appeals  to  us  as  a  Mason  in  im- 
minent peril,  or  such  pressing  need  that  we  have 
not  time  to  inquire  into  his  worthiness,  then,  lest  we 
might  refuse  to  relieve  and  aid  a  worthy  Brother,  we 
must  not  stop  to  inquire  as  to  anything."*  But  I 
confess  that  I  am  not  satisfied  with  this  argument, 
which  does  not  take  the  highest  view  of  the  princi- 
ple. We  are  to  give  aid  in  imminent  peril  when 
Masonically  called  upon,  not  lest  injustice  may  be 
done  if  we  pause  to  inquire  into  the  question  of  af- 
filiation, but  because  the  obligation  to  give  this  aid, 
which  is  reciprocal  among  all  Masons,  never  has 
been,  and  never  can  be,  canceled. 

It  may  be  said  that  in  this  way  an  expelled  Mason 
may  also  receive  aid.  I  reply,  that  if  I  do  not 
know  his  position,  of  course  I  am  not  to  stop  and 
inquire.  Here  the  reasoning  of  Bro.  Pike  holds 
good.  In  imminent  peril  we  have  no  time  to  in- 
quire into  the  question  of  worthiness.  But  if  I 
know  him  to  be  an  expelled  Mason,  I  am  not  bound 
to  heed  his  call,  for  an  expelled  Mason  is  legally  a 
dead  Mason,  or  no  Mason  at  all.  But  an  unaffili- 


*  Report  of  Com.  of  For.  Corresp.  G.  L.  of  Ark.,  1854,  p.  116.  Let  me 
add  here,  that  this  document  is  one  of  the  most  valuable  treatises  on  Ma« 
Bonie  jnrisprudence  that  has  ever  been  published,  and  ought  to  be  in  the 
library  of  every  Mason.  It  bears  throughout  the  impress  of  the  acoonv 
plished  author's  profundity  and  originality  of  thought. 


OP  UNAFFILIATED  MASONS.  271 

ated  Mason  is  not  in  that  position,  and  this  makes 
all  the  difference.  The  only  way  to  cut  the  gor- 
dian  knot  of  these  difficulties  is  for  Grand  Lodges 
to  expel  all  unaffiliated  Masons  who  can  give  no 
sufficient  excuse  for  their  non-affiliation.  There  is  no 
legal  objection  to  this  course,  provided  a  due  course 
of  trial,  in  each  case,  is  pursued.  Then,  and  then 
only,  will  unaffiliated  Masons  become  in  the  legal 
sense  unworthy  ;  and  then,  and  then  only,  will  they 
lose  all  the  Masonic  rights  which  they  had  origin- 
ally possessed  by  their  relations  to  the  Order. 

The  relation  which  a  Mason  bears  to  his  Lodge  is 
of  a  different  nature  from  that  which  connects  him 
with  the  Order.  It  is  in  some  degree  similar  to 
that  political  relation  which  jurists  have  called 
"  local  allegiance,"  or  the  allegiance  which  a  man 
gives  to  the  country  or  the  sovereign  in  whose  ter- 
ritories and  under  whose  protection  he  resides. 
This  allegiance  is  founded  on  the  doctrine  that 
where  there  is  protection  there  should  be  subjec- 
tion, and  that  subjection  should  in  turn  receive  pro- 
tection.* It  may  be  permanent  or  temporary.  A 
removal  from  the  territory  cancels  the  allegiance, 
which  will  again  be  contracted  towards  the  sove- 
reign of  the  new  domicil  to  which  the  individual 
1  may  have  removed.  Now  this  is  precisely  the  rela- 
tion which  exists  between  a  Mason  and  his  Lodge. 
The  Lodge  grants  him  its  protection  ;  that  is,  from 
his  membership  in  it  he  derives  his  rights  of  visit, 

*  The  maxim  of  the  law  is :  *'  Protectio  trahit  subjectionem  et  subjects 
protectionenv' 


272  OF   UNAFFILIATED  MASONS. 

of  relief,  of  burial,  and  all  the  other  prerogatives 
which  inure,  by  custom  or  law,  to  the  active  mem- 
bers of  Lodges,  and  which  are  actually  the  results 
of  membership.  In  return  for  this,  he  gives  it  his 
allegiance ;  he  acknowledges  obedience  to  its  By- 
Laws,  and  he  contributes  to  its  revenues  by  his  an- 
nual or  quarterly  dues.  But  he  may  at  any  time 
dissolve  this  allegiance  to  any  particular  Lodge,  and 
contract  it  with  another.  As  the  denizen  of  a  coun- 
try cancels  his  allegiance  by  abandoning  its  protec- 
tion and  removing  to  another  territory,  the  Mason 
may  withdraw  his  relations  to  one  Lodge  and  unite 
with  another.  But  he  still  continues  an  affiliated 
Mason,  only  his  affiliation  is  with  another  body. 

But  the  denizen  who  removes  from  one  country 
may  not,  by  subsequent  residence,  give  his  allegiance 
to  another.  He  may  become  a  cosmopolite,  bear- 
ing local  allegiance  to  no  particular  sovereign.  All 
that  follows  from  this  is,  that  he  acquires  no  right 
of  protection  ;  for,  if  he  gives  no  subjection,  he  can 
ask  for  no  protection. 

Now  this  is  precisely  the  case  with  an  unaffiliated 
Mason.  Having  taken  his  demit  from  one  Lodge, 
he  has  of  course  lost  its  protection ;  and,  having 
united  with  no  other,  he  can  claim  protection  from 
none.  He  has  forfeited  all  those  rights  which  are 
derived  from  membership.  He  has  dissevered  all 
connection  between  himself  and  the  Lodge  organiza- 
tion of  the  Order,  and  by  this  act  has  divested  him- 
self of  all  the  prerogatives  which  belonged  to  him 
as  a  member  of  that  organization.  Among  these 


OF   UNAFFILIATED   MASONS  273 

are  the  right  of  visit,  of  pecuniary  aid,  and  of  Ma- 
sonic burial.  When  he  seeks  to  enter  the  door  of  a 
Lodge  it  must  be  closed  upon  him,  for  the  right  to 
visit  belongs  only  to  affiliated  Masons.  Whenever 
he  seeks  for  Lodge  assistance,  he  is  to  be  refused, 
because  the  funds  of  the  Lodge  are  not  to  be  dis- 
tributed among  those  who  refuse  to  aid,  by  their 
individual  contributions,  in  the  formation  of  similar 
funds  in  other  Lodges.  Nor  can  he  expect  to  be 
accompanied  to  his  last  resting-place  by  his  breth- 
ren ;  for  it  is  a  settled  law,  that  no  Mason  can  be 
buried  with  the  ceremonies  of  the  Order,  except 
upon  his  express  request,  previously  made  to  the 
Master  of  the  Lodge  of  which  he  is  a  member. 

We  see,  then,  that  there  is  a  wide  difference  in 
the  result  of  non-affiliation,  on  the  relations  which 
exist  between  a  Mason  and  the  Order  generally,  and 
those  which  exist  between  him  and  the  Lodges  of  the 
Order.  With  the  latter  all  connection  is  severed, 
but  nothing  can  cancel  his  relations  with  the  former 
except  Masonic  death ;  that  is  to  say,  expulsion. 
When  the  question  between  two  Masons  is  in  refer- 
ence to  any  mutual  duties  which  result  from  mem- 
bership in  a  Lodge — as,  for  instance,  when  it  is  a 
question  of  the  right  of  visit- — then  it  is  proper  to 
inquire  into  the  matter  of  affiliation,  because  that 
affects  these  duties ;  but  when  it  is  in  reference  to 
any  duties  or  obligations  which  might  be  claimed 
even  if  Lodge  organization  did  not  exist — such,  for 
( instance,  as  assistance  in  imminent  peril — then  there 
can  be  no  inquiry  made  into  the  subject  of  affiliation ; 

12* 


OP   UNAFFILIATED   MASONS. 

for  affiliation  or  non-affiliation  has  no  relation  to 
these  duties. 

But  it  has  been  said  that  non-affiliation  is  a  Masonic 
offence,  and  that  he  who  is  guilty  of  it  is  an  unworthy 
Mason,  and  as  such  divested  of  all  his  rights.  It  is 
admitted,  most  freely,  that  non-affiliation  is  a  viola- 
tion of  positive  Masonic  law  ;  but  it  does  not  follow 
that,  in  the  technical  sense  in  which  alone  the  word 
has  any  Masonic  legal  meaning,  an  unaffiliated  Ma- 
son is  an  unworthy  Mason.  He  can  only  be  made 
so  by  the  declaration,  in  his  particular  case,  of  a  le- 
gally constituted  Lodge,  after  due  trial  and  convic- 
tion. But  this  question  is  so  well  argued  by  the 
Committee  on  Jurisprudence  of  the  Grand  Lodge 
of  Virginia,  that  I  do  not  hesitate  to  cite  their  lan- 
guage. 

"  All  who  have  spoken  or  written  upon  the  subject,  pro- 
claim him  [the  unaffiliated  Mason]  an  unworthy  Mason  ;  but 
they,  and  ten  times  their  number,  do  not  make  him  so,  in 
their  individual  relation,  for  the  obvious  reason  that  he  can- 
not, individually,  absolve  himself  from  such  duties  as  he 
owes  to  the  institution;  so  the  fraternity,  acting  in  their 
individual  capacity,  cannot  absolve  themselves  from  their 
duties  to  him ;  and  as  it  is  only  by  a  just  and  legal  Lodge, 
acting  in  its  chartered  capacity,  and  under  the  injunctions 
of  the  Constitutions  of  Masonry  and  By-Laws  of  Grand 
Lodges,  that  he  can  be  invested  with  the  rights  and  benefits 
of  Masonry,  and  pronounced  worthy,-  so  it  is  only  by  the 
same  power,  acting  in  the  same  character,  and  under  the 
game  restrictions,  that  he  can  be  disfranchised  of  these 
rights  and  benefits,  and  pronounced  unworthy,''* 

*  Report,  p.  11. 


OF   UtfAFFILIATED   MASONS.  27i> 

It  seems  to  me,  in  conclusion,  that  it  will  be 
safe  to  lay  down  the  following  principles,  as  sup- 
ported by  the  law  on  the  subject  of  unaffiliated 
Masons : 

1.  An  unaffiliated  Mason  is  still  bound  by  all 
those  Masonic  duties  and  obligations  which  refer  to 
the  Order  in  general,  but  not  by  those  which  relate 
to  Lodge  organization. 

2.  He  possesses,  reciprocally,  all  those  rights 
which  are  derived  from  membership  in  the  Order, 
but  none  of  those  which  result  from  membership  in 
a  Lodge. 

3.  He  has  a  right  to  assistance  when  in  imminent 
peril,  if  he  asks  for  that  assistance  in  the  conven- 
tional way. 

4.  He  has  no  right  to  pecuniary  aid  from    a 
Lodge. 

5.  He  has  no  right  to  visit  Lodges,  or  to  walk  in 
Masonic  processions. 

6.  He  has  no  right  to  Masonic  burial. 

7.  He  still  remains  subject  to  the  government  of 
the  Order,  and  may  be  tried  and  punished  for  any 
offence,  by  the  Lodge  within  whose  geographical 
jurisdiction  he  resides. 

8.  And,  lastly,  as  non-affiliation  is  a  violation  of 
Masonic  law,  he  may,  if  he  refuses  to  abandon  that 
condition,  be  tried  and  punished  for  it,  even  by  ex- 
pulsion, if  deemed  necessary  or  expedient,  by  any 
Grand  Lodge  within  whose  jurisdiction  he  lives. 


BOOK  IV 


&atn  relating  h 


HAVING  treated  of  the  law  in  relation  to  Masons  in  their 
individual  capacity,  I  next  come  to  the  consideration  of  those 
bodies  which  result  from  the  congregation  of  Masons  into 
corporate  societies.  The  primary  organization  of  this  kind 
is  the  Lodge,  and  therefore,  in  the  Fourth  Book,  I  shall  dis- 
cuss the  nature  and  prerogatives  of  these  Lodges. 


CHAPTER   ]. 
Nature  of  a 


THE  Old  Charges  of  1722  define  a  Lodge  to  be 
"  a  place  where  Masons  assemble  and  work  ;"  and 
the  definition  is  still  further  extended  by  describing 
it  as  "  an  assembly  or  duly  organized  society  of  Ma- 
sons." This  organization  was  originally  very  sim- 
ple in  its  character  ;  for,  previous  to  the  year  1717, 
a  sufficient  number  of  Masons  could  meet,  open  a 
Lodge,  and  make  Masons,  with  the  consent  of  the 
sheriff  or  chief  magistrate  of  the  place.*  But  in 
1717  a  regulation  was  adopted,  which  declared 
"  that  the  privilege  of  assembling  as  Masons  should 
no  longer  be  unlimited,  but  that  it  should  be  vested 
in  certain  Lodges  convened  in  certain  places,  and 
legally  authorized  by  the  Warrant  of  the  Grand 

*  "  The  mode  of  applying  by  petition  to  the  Grand  Master,  for  a  Warrant 
to  meet  as  a  regular  Lodge,  commenced  only  in  the  year  1718  ;  previous  to 
which  time,  Lodges  were  empowered,  by  inherent  privileges  vested  in  the 
fraternity  at  large,  to  meet  and  act  occasionally,  under  the  direction  of  some 
able  Architect,  and  the  acting  magistrate  of  the  county  ;  and  the  proceed- 
ings of  those  meetings  being  approved  by  the  majority  of  the  brethren  con- 
vened at  another  Lodge  assembled  in  the  same  district,  were  deemed  con 
stitutional."—  PRESTON,  OL.  ed.,  p.  66,  note. 


280  NATURE   OF   A   LODGE. 

Master  and  the  consent  of  the  Grand  Lodge.  So 
that  the  modern  definition  contained  in  the  lecture 
of  the  first  degree  is  more  applicable  now  than  it 
would  have  been  before  the  eighteenth  century. 
This  definition  describes  a  Lodge  as  "  an  assem- 
blage of  Masons,  duly  congregated,  having  the 
Holy  Bible,  square  and  compasses,  and  a  Charter 
or  Warrant  of  Constitution  empowering  them  to 
work." 

The  ritual  constantly  speaks  of  Lodges  as  being 
"just  and  legally  constituted."  These  two  terms 
refer  to  two  entirely  distinct  elements  in  the  organi- 
zation of  a  Lodge.  It  is  "just  "*  when  it  consists 
of  the  requisite  number  of  members  to  transact  the 
business  or  perform  the  labors  of  the  degree  in 
which  it  is  opened,  and  is  supplied  with  the  neces- 
sary furniture  of  a  Bible,  square  and  compasses. 
It  is  "  legally  constituted"  when  it  is  opened  under 
constitutional  authority.  Each  of  these  ingredients 
is  necessary  in  the  organization  of  a  Lodge.  Its 
justness  is  a  subject,  however,  that  is  entirely  regu- 
lated by  the  ritual.  Its  legality  alone  is  to  be  con- 
sidered in  the  present  work.  , 

Every  Lodge,  at  the  present  day,  requires  for  its 
proper  organization  as  a  "  legally  constituted " 
body,  that  it  should  have  been  congregated  by  the 
permission  of  some  superior  authority,  which  an 
thority  may  emanate  either  from  a  Grand  Master 
or  a  Grand  Lodge.  When  organized  by  the  for- 

*  The  word  just  is  here  taken  in  the  old  sense  of  "  complete  in  all  it* 
parts." 


LODGES   UNDER   DISPENSATION.  281 

iner,  it  is  said  to  be  &  Lodge  under  Dispensation ; 
when  by  the  latter,  it  is  called  a  Warranted  Lodge. 
These  two  distinctions  in  the  nature  of  Lodge  or- 
ganization will  therefore  give  rise  to  separate  inqui- 
ries :  first,  into  the  character  of  Lodges  working 
under  a  Dispensation  ;  and  secondly,  into  that  of 
Lodges  working  under  a  Warrant  of  Constitution. 

SECTION  I. 

THE  ORGANIZATION  OF  LODGES  UNDER  DISPENSATION. 

When  seven  Master  Masons,  at  least,  are  desirous 
of  organizing  a  Lodge,  they  apply  by  petition  to  the 
Grand  Master  of  the  jurisdiction  for  the  necessary 
authority.  This  petition  must  set  forth  that  they 
now  are,  or  have  been,  members  of  a  legally  consti- 
tuted Lodge,  and  must  assign  a  satisfactory  reason 
for  their  application.  It  must  also  be  recommended 
by  the  nearest  Lodge,  and  must  designate  the  place 
where  the  Lodge  is  intended  to  be  held,  and  the 
names  of  the  persons  whom  the  petitioners  desire 
to  be  appointed  as  Master  and  Wardens. 

Seven  things  must  therefore  concur  to  give  regu- 
larity to  the  form  of  a  petition  for  a  Dispensation. 
1.  There  must  be  seven  signers  at  least.  2,  They 
must  all  be  Master  Masons.  3.  They  must  be  in 
good  standing.  4.  There  must  be  a  good  reason 
for  the  organization  of  a  Lodge  at  that  time  and 
place.  5.  The  place  of  meeting  must  be  designa- 
ted. 6.  The  names  of  the  three  officers  must  be 


282  ORGANIZATION   OF 

stated.  7.  It  mast  bo  recommended  by  the  nearest 
Lodge. 

Dalcho,  contrary  to  all  the  other  authorities  ex- 
cept the  Grand  Lodge  of  Ireland,  says  that  not  less 
than  three  Master  Masons  should  sign  the  petition.* 
The  rule,  however,  requiring  seven  signers,  which, 
with  these  exceptions,  is,  I  think,  universal,  seems 
to  be  founded  in  reason  ;  for,  as  not  less  than  seven 
Masons  can,  by  the  ritualistic  Landmark,  open  and 
hold  a  Lodge  of  Entered  Apprentices,  the  prelimi- 
nary degree  in  which  all  Lodges  have  to  work,  it 
would  necessarily  be  absurd  to  authorize  a  smaller 
number  to  organize  a  Lodge,  which,  after  its  organi- 
zation, could  not  hold  meetings  nor  initiate  candi- 
dates in  that  degree. 

The  Old  Constitutions  are  necessarily  silent  upon 
this  subject,  since,  at  the  time  of  their  adoption, 
permanent  Lodge  organizations  were  unknown.  But 
it  is  singular  that  no  rule  should  have  been  incor 
porated  into  the  Regulations  of  1721,  which  were 
of  course  adopted  after  the  establishment  of  per- 
manent Lodges.t  It  is  therefore  to  Preston  that 

*  DALCHO,  Ahiman  Rezon,  ed.  1822,  p.  102.  The  Regulation  of  the  Grand 
Lodge  of  Ireland,  both  as  to  the  number  of  signers  and  of  recommenders. 
is  precisely  the  same  as  Dalcho's.  The  regulation  has  not  been  in  force  in 
South  Carolina,  within  my  recollection,  and  seven  signers  are  required  in 
that  as  in  other  jurisdictions. 

t  DERMOTT,  who,  however  irregular,  was  his  authority,  gives  us,  very 
often,  an  accurate  idea  of  what  was  the  general  condition  of  Masonic  law 
at  his  time,  says  nothing  about  the  number  of  petitioners  in  his  Ahiman 
Rezon,  but  in  his  letter  to  the  Master  of  a  Lodge  in  Philadelphia  he  says 
that  the  Dispensation  must  be  granted  to  one  Master  Mason,  who  call 
others  to  his  assistance. 


LODGES   UNDER   DISPENSATION.  283 

we  are  indebted  for  the  explicit  announcement  of 
the  law,  that  the  petition  must  be  signed  by  not 
less  than  seven  Masons. 

Preston  says  that  the  petition  must  be  recom- 
mended "  by  the  Masters  of  three  regular  Lodges 
adjacent  to  the  place  where  the  new  Lodge  is  to  be 
held."  This  is  also  the  precise  language  of  the 
Constitution  of  the  Grand  Lodge  of  Ireland.  The 
Grand  Lodge  of  Scotland  requires  the  recommenda- 
tion to  be  signed  "  by  the  Masters  and  Officers  of  two 
of  the  nearest  Lodges."  The  modern  Constitution 
of  the  Grand  Lodge  of  England  requires  a  recom- 
mendation "  by  the  officers  of  some  regular  Lodge/' 
without  saying  anything  of  its  vicinity  to  the  new 
Lodge.  The  rule  now  universally  adopted  is,  that 
it  must  be  recommended  by  the  nearest  Lodge  ;  and 
it  is  an  excellent  one,  too,  for  it  certifies  to  the  su- 
perior authority,  on  the  very  best  evidence  that  can 
be  obtained — that,  namely,  of  a  constituted  Masonic 
body,  which  has  the  opportunity  of  knowing  the 
fact  that  the  new  Lodge  will  be  productive,  neither 
in  its  officers  nor  its  locality,  of  an  injury  to  the 
Order. 

But  as,  unfortunately,  the  recommending  Lodges 
are  not  always  particular  in  inquiring  into  the  quali- 
fications of  the  officers  of  the  new  Lodge  who  have 
been  nominated  to  the  Grand  Master,  and  hence 
Lodges  have  been  created  in  advantageous  situa- 
tions which  yet,  from  the  ignorance  of  those  who 
presided  over  them,  have  been  of  serious  detri- 
ment to  the  craft,  the  Grand  Lodges  are  beginning 


284  ORGANIZATION    OF 

now  to  look  for  something  more  than  a  mere  formal 
recommendation  which  only  certifies  to  the  moral 
character  of  the  applicants-  As  a  Lodge  may  be 
considered  as  a  Masonic  academy,  it  is  certainly 
desirable  that  its  teachers  should  be  competent  to 
discharge  the  duties  of  instruction  which  they  have 
undertaken.  Hence,  in  1858,  the  Grand  Lodge  of 
Florida  adopted  a  resolution  which  declared  "  that 
no  Dispensation  or  Charter  shall  be  granted  to  any 
set  of  Masons,  unless  the  Master  and  Wardens 
named  in  the  application  be  first  examined  as  to 
their  proficiency  in  three  degrees  by  the  Master  and 
Wardens,  or  Lodge  recommending  them,  and  that 
said  examination  shall  not  be  considered  suffi- 
cient unless  the  entire  ceremony  of  opening  and 
closing  the  Lodge,  with  all  the  Lectures  of  each  de- 
gree, are  fully  and  completely  exhibited  in  open 
Lodge,  and  such  satisfactory  examination  be  en- 
dorsed on  the  application." 

The  correctness — the  indispensable  necessity  of 
sucli  a  regulation — commends  itself  to  every  one 
whose  experience  has  made  him  acquainted  with 
the  fact,  that  Lodges  are  too  often  organized,  with 
officers  altogether  unacquainted  with  the  most  ru 
dimentary  instructions  of  Masonry ;  and  a  carica- 
ture of  the  institution  is  thus  often  presented,  alike 
derogatory  to  its  dignity  and  usefulness,  and  hu 
miliating  to  its  better  informed  friends.  No  dis- 
pensation, in  my  opinion,  should  ever  be  granted, 
until  the  Lodge  asking  for  it  had  given  convincing 
proofs  that  the  institution  of  Masonrv  would  in  its 


LODGES   UNDER   DISPENSATION.  285 

hands  be  elevated,  and  justice  would  be  fairly  done 
to  all  the  candidates  whom  it  should  admit.  I  do 
not  ask  that  all  Lodges  should  be  equally  learned, 
but  I  do  require  that  none  should  be  deplorably  ig- 
norant. Still,  excepting  in  jurisdictions  which  may 
have  wisely  adopted  this  regulation,  the  old  law 
remains  in  force,  which  only  requires  a  simple 
recommendation  as  to  moral  character  and  Masonic 
standing. 

If  this  recommendation  be  allowed,  the  Grand 
Secretary  makes  ready  a  document  called  a  Dispen- 
sation, which  gives  power  to  the  officers  named  in 
the  petition  to  hold  a  Lodge,  open  and  close  it,  and 
to  "  enter,  pass,  and  raise  Freemasons." 

The  length  of  tinxe  of  this  dispensation  is  gen- 
erally understood,  and  expressed  on  its  face  to  be, 
"  until  it  shall  be  revoked  by  the  Grand  Master  or 
the  Grand  Lodge,  or  until  a  Warrant  of  Constitu- 
tion is  granted  by  the  Grand  Lodge.7'  Preston  ob- 
serves, that  the  brethren  named  in  it  are  vested 
witli  power  "  to  assemble  as  Masons  for  forty  days, 
and  until  such  time  as  a  Warrant  of  Constitution 
can  be  obtained  by  command  of  the  Grand  Lodge, 
or  that  authority  be  recalled.1'  Usage,  however,  as 
a  general  thing,  allows  the  dispensation  to  con- 
tinue until  the  next  meeting  of  the  Grand  Lodge, 
when  it  is  either  annulled  or  a  warrant  of  consti- 
tution granted. 

Either  the  Grand  Master  or  the  Grand  Lodge 
has  the  power  to  revoke  the  dispensation ;  and  in 
such  a  case,  the  Lodge  of  course  at  once  ceases  to 


286  ORGANIZATION  OF 

exist.  As  in  the  case  of  all  extinct  Lodges,  what- 
ever funds  or  property  it  has  accumulated  will 
pass  to  the  Grand  Lodge,  which  may  be  called  the 
natural  heir  of  its  subordinates ;  but  all  the  work 
done  in  the  Lodge,  under  the  dispensation,  is  regu- 
lar and  legal,  and  all  the  Masons  made  by  it  are,  in 
every  sense  of  the  term,  "  true  and  lawful  brethren." 


SECTION  II 

ORGANIZATION  OF  WARRANTED  LODGES. 

In  the  last  section  I  described  the  organization 
of  a  Lodge  under  dispensation,  and  it  was  shown 
that  such  an  organization  might  be  canceled  by 
the  revocation  of  the  dispensation  by  either  the 
Grand  Master  or  the  Grand  Lodge,  in  which  event 
the  Lodge  would  cease  to  exist ;  but  a  Lodge  under 
dispensation  may  terminate  its  existence  in  a  more 
favorable  way,  by  being  changed  into  a  Lodge 
working  under  a  warrant  of  constitution.  The 
mode  in  which  this  change  is  to  be  effected 
will  be  the  subject  of  consideration  in  the  present 
section. 

At  the  communication  of  the  Grand  Lodge,  which 
takes  place  next  after  the  granting  of  the  dispensa- 
tion by  the  Grand  Master,  that  officer  states  the 
fact  to  the  Grand  Lodge,  of  his  having  granted 
such  an  authority,  when  a  vote  being  taken  on  the 
question  whether  the  dispensation  shall  or  shall  not 
vje  confirmed,  if  a  majority  are  in  favor  of  the  con- 


WARRANTED   LODGES.  287 

firmation,  the  Grand  Secretary  is  directed  to  issue 
a  warrant  of  constitution. 

This  instrument  differs  from  a  dispensation  in 
many  important  particulars.  A  dispensation  ema 
nates  from  a  Grand  Master  ;  a  warrant  from  a 
Grand  Lodge.  The  one  is  temporary  and  definite 
in  its  duration  ;  the  other  permanent  and  indefinite. 
The  one  is  revocable  at  pleasure  by  the  Grand 
Master ;  the  other,  only  upon  cause  shown  by  the 
Grand  Lodge.  The  one  confers  only  a  name  ;  the 
other,  a  number  upon  the  Lodge.  The  one  restricts 
the  authority  that  it  bestows  to  the  making  of 
Masons  ;  the  other  extends  that  authority  to  the 
installation  of  officers  and  the  succession  in  office. 
The  one  contains  within  itself  no  power  of  self-per- 
petuation ;  the  other  does.  From  these  differences 
in  the  two  documents  arise  important  peculiarities 
in  the  prerogatives  of  the  two  bodies  which  are  re- 
spectively organized  under  their  authority,  which 
peculiarities  will  constitute  the  subject  matter  of 
the  succeeding  chapter. 

The  Lodge  to  which  the  warrant  has  been  granted 
is  still,  however,  only  an  inchoate  Lodge.  To  per- 
fect its  character,  a,nd  to  entitle  it  to  all  the  prero- 
gatives of  a  warranted  Lodge,  certain  forms  and 
ceremonies  have  to  be  observed.  These  ceremonies 
are,  according  to  the  ritual,  as  follows,  and  in  the 
following  order  :* 

*  As  the  forms  of  consecration,  &c.,  are  altogether  ritualistic  in  then 
character,  I  have,  for  the  most  part,  followed  the  authority  of  Webb,  whose 
work  has  for  more  than  half  a  century  been  recognized  as  a  Text-book  bj 


288  ORGANIZATION  OP 

1.  CONSECRATION. 

2.  DEDICATION. 

3.  CONSTITUTION. 

4.  INSTALLATION. 

Before  proceeding  to  the  consideration  of  each 
of  these  ceremonies,  it  is  necessary  to  remark  that 
they  should  all  be  performed  by  the  Grand  Master 
in  person,  or,  if  he  is  unable  to  attend,  by  some 
Past  Master,  who  acts  for  him  by  a  special  warrant 
of  proxy. 

1.  The  Consecration. — The  ceremony  of  conse- 
crating religious  edifices  to  the  sacred  purposes  for 
which  they  are  intended,  by  mystic  rites,  has  been 
transmitted  to  us  from  the  remotest  antiquity. 
"  History,"  says  Dudley,  '*  both  ancient  and  modern, 
tells  us  that  extraordinary  rites,  called  rites  of  con- 
secration or  dedication,  have  been  performed  by 
people  of  all  ages  and  nations,  on  the  occasion  of 
the  first  application  of  altars  or  temples,  or  places, 
to  religious  uses.77*  Thus,  Moses  consecrated  the 
tabernacle,t  Solomon  the  first  temple,!  and  the  re- 
turned exiles  from  Babylon  the  second.§  Among 

the  Grand  Lodges  of  the  United  States,  and  whose  opinion  on  all  questions 
of  ceremony  is  entitled  to  great  deference,  as  he  is  admitted  to  have  been 
the  founder  of  the  American  system  of  lectures.  The  form  of  constituting 
Lodges,  which  was  practised  by  the  Duke  of  Wharton,  in  the  beginning  of  the 
last  century,  and  which  is  described  in  the  first  edition  of  ANDERSON,  page 
71,  is  much  simpler,  but  it  has  long  been  disused  in  this  country.  Preston's 
ritual,  also,  which  varies  from  that  of  Webb,  and  does  not  include  the  cere 
mony  of  dedication,  has  also  been  abandoned. 

*  Naology,  p.  .513.  f  Exod.  xl.    Numb.  vii.  J  I  Kings,  viii. 

§  Ezra.vi.  16,17. 


WARRANTED   LODGES.  289 

the  Pagans,  ceremonies  of  the  most  magnificent  na- 
ture were  often  used  in  setting'apart  their  gorgeous 
temples  to  the  purposes  of  worship.  A  Masonic- 
Lodge  is,  in  imitation  of  these  ancient  examples, 
consecrated  with  mystic  ceremonies  to  the  sacred 
purposes  for  which  it  had  been  constructed.  By 
this  act  it  is  set  apart  for  a  holy  object,  the  cultiva- 
tion of  the  great  tenets  of  a  Mason's  profession,  and 
becomes,  or  should  become,  in  the  mind  of  the  con- 
scientious Mason,  invested  with  a  peculiar  reverence 
as  a  place  where,  as  he  passes  over  its  threshold,  he 
should  feel  the  application  of  the  command  given  to 
Moses  :  "  Put  off  thy  shoes  from  off  thy  feet,  for 
the  place  whereon  thou  standest  is  holy  ground.' 

On  this  occasion  a  box  is  to  be  used  as  the  symbol 
of  the  Lodge.  It  is  placed  in  the  centre  of  the 
room,  and  is  a  representation  of  the  ark  of  the  cove- 
nant, which  was  deposited  in  the  Holy  of  Holies  of 
the  ancient  temple.* 

In  the  course  of  the  ceremonies,  this  Lodge  is 
sprinkled  with  corn,  wine  and  oil,  which  are  the 
Masonic  elements  of  Consecration.  These  elements 
are  technically  called  "  the  corn  of  nourishment,  the 
wine  of  refreshment,  and  the  oil  of  joy,"  and  are  to 
the  Mason  symbolic  of  the  many  gifts  and  blessings 

*  It  is  a  great  error  on  the  part  of  some  Masons  to  suppose  that  the  ark 
of  the  covenant  is  a  symbol  peculiarly  appropriate  to  Royal  Arch  Masonry. 
On  the  contrary,  the  true  ark  is  to  be  found  only  in  Ancient  Craft  Masonry, 
whose  foundation  is  the  old  temple,  and  it  has  always  constituted  a  part  of 
the  coat  of  arms  of  the  institution.  The  ark  used  in  Royal  Arch  Masonry  is 
simply  a  representation  of  the  imitative  ark  which  was  substituted  for  the 
original  one  in  the  second  temple.  The  Royal  Arch  degree  has  nothing  tc 
io  with  the  true  or  Mosaic  ark  of  the  covenant. 

13 


290  ORGANIZATION   OF 

for  which  we  are  indebted  to  the  bounty  of  the 
G.  A.  0.  T.  U.;  for  the  first  is  emblematic,  in  Ma- 
sonic symbolism,  of  health,  the  second  of  plenty, 
and  the  third  of  peace. 

The  ancient  altars  were  thus  consecrated  by  the 
offering  of  barley  cakes  and  libations  of  wine  and 
oil,  and  the  Jewish  ritual  gives  ample  directions  for 
a  similar  ceremony.  The  rite  of  Masonic  consecra- 
tion is  accompanied  by  a  prayer,  in  which  the 
Lodge  is  solemnly  consecrated  "  to  the  honor  of 
God's  glory." 

2.  The  Dedication. — The  ceremony  of  dedicating 
the  Lodge  immediately  follows  that  of  its  consecra- 
tion. This,  too,  is  a  very  ancient  ceremony,  and 
finds  its  prototype  in  the  religious  services  of  anti- 
quity. Every  temple  among  the  Pagans  was  dedi- 
cated to  some  particular  deity,  oftentimes  to  the 
conjoint  worship  of  several,  while  the  Jews  dedi- 
cated their  religious  edifices  to  the  one  supreme 
Jehovah.  Thus  David  dedicated  with  solemn  cere- 
monies the  altar  which  he  erected  on  the  threshing 
floor  of  Oman,  the  Jebusite,  after  the  cessation  of 
the  plague  which  had  afflicted  his  people  ;  and  Cal- 
met  conjectured  that  he  composed  the  thirtieth 
psalm  on  this  occasion.  The  Jews  extended  this 
ceremony  of  dedication  even  to  their  private  houses, 
and  Clarke  tells  us,  in  reference  to  a  passage  on 
this  subject  in  the  book  of  Deuteronomy,  that  "  it 
was  a  custom  in  Israel  to  dedicate  a  new  house  to 
God  with  prayer,  praise  and  thanksgiving ;  and 
this  was  done  in  order  to  secure  the  divine  presence 


WARRANTED   LODGES.  2yl 

and  blessing  ;  for  no  pious  or  sensible  man  could 
imagine  he  could  dwell  safely  in  a  house  that  was 
not  under  the  immediate  protection  of  God."  * 

According  to  the  learned  Selden,  there  was  a  dis- 
tinction among  the  Jews  between  consecration  and 
dedication,  for  sacred  things  were  both  consecrated 
and  dedicated,  while  profane  things,  such  as  private 
dwelling-houses,  were  only  dedicated.  Dedication 
was,  therefore,  a  less  sacred  ceremony  than  conse- 
cration, t  This  distinction  has  also  been  preserved 
among  Christians;  many  of  whom,  and  in  the  early 
ages  all,  consecrated  *their  churches  to  the  worship 
of  God,  but  dedicated  them  to,  or  placed  them  under 
the  especial  patronage  of  some  particular  Saint. 
A.  similar  practice  prevails  in  the  Masonic  institu- 
tion, and  therefore,  while  we  consecrate  our  Lodges, 
as  has  just  been  seen,  "  to  the  honor  of  God's  glory," 
we  dedicate  them  to  the  patrons  of  our  order.J 

*  Commentary  on  Deut.  xx.  5:  "  What  man  is  there  that  hath  built  a  new 
house,  and  hath  not  dedicated  it?  Let  him  go  and  return  unto  hi?  house,  lest 
he  die  in  the  battle,  and  another  man  dedicate  it." 

fGiLBEKTUS,  Bishop  of  Lucca,  in  his  treatise,  "De  Usu  Ecclesiastico," 
quoted  by  Du  Cange,  makes  a  similar  distinction.  He  says  that  the  priest 
consecrates  the  temple  and  the  altar;  but  the  bishop  dedicates  the  ecclesias- 
tical utensils  which  are  used  only  by  the  priesthood,  such  as  the  saoerdotal 
and  pontifical  vestments,  the  chalice,  &c.  Those  things  only,  he  adds,  are 
consecrated  which  are  separated  from  common  use  for  divine  worship. 

JAs  some  over-scrupulous  brethren  have  been  known  to  object  to  the 
dedication  of  our  Lodges  to  the  Saints  John,  as  savoring,  in  their  opinion,  of 
superstition,  it  may  be  profitable  to  read  the  remarks  of  "  the  judicious 
Hooker"  on  the  similar  custom  of  dedicating  Christian  churches:  "  T<  wiv- 
ing the  names  of  angels  and  saints,  whereby  most  of  our  churches  are  called, 
as  the  custom  of  so  naming  them  is  very  ancient,  so  neither  was  the  CHU^C 
of  it  at  first,  nor  is  the  use  and  continuance  of  it  at  this  present,  hurtful. 
That  churches  were  consecrated  to  none  but  the  Lord  only,  the  very  genera] 


iJD2  ORGANIZATION   OF 

Tradition  informs  us  that  Masonic  Lodges  were 
originally  dedicated  to  King  Solomon,  because  he 
was  our  first  Most  Excellent  Grand  Master.  In  the 
sixteenth  century,  if  we  may  judge  from  expressions 
used  in  the  celebrated  Charter  of  Cologne,  St. 
John  the  Baptist  seems  to  have  been  considered  as 
the  peculiar  patron  of  Freemasonry  ;  but  subse- 
quently this  honor  was  divided  between  the  two 
Saints  John,  the  Baptist  and  the  Evangelist,  and 
modern  Lodges,  in  this  country  at  least,  are  uni- 
versally erected  or  consecrated  to  God,  and  dedicated 
to  the  Holy  Saints  John.*  I  am  therefore  surprised 
to  find  the  formula  in  Webb,  which  dedicates  the 
Lodge  "  to  the  memory  of  the  Holy  Saint  John." 
I  cannot  but  deem  it  an  inadvertence  on  the  part  of 
this  Masonic  lecturer,  since  in  all  his  oral  teachings 
he  adhered  to  the  more  general  system,  and  de- 
scribed a  Masonic  Lodge  in  his  esoteric  work  as 
being  "  dedicated  to  the  Holy  Saints  John."  This, 
at  all  events,  is  now  the  universal  practice,  and  the 
language  used  by  Webb  becomes  contradictory  and 
absurd  when  compared  with  the  fact  that  the  festi- 

name  itself  doth  sufficiently  show  :  inasmuch  as  by  plain  grammatical  con- 
struction, church  doth  signify  no  other  thing  than  the  Lord's  house.  And 
because  the  multitude  of  persons,  so  of  things  particular,  causeth  variety  of 
proper  names  to  be  devised  for  distinction's  sake,  founders  of  churches  did 
that  which  best  liked  their  own  conceit  at  the  present  time,  yet  each  intend 
tng  that  as  oft  as  those  buildings  came  to  bo  mentioned,  the  name  should 
seem  in  mind  of  some  memorable  person  or  thing." — EcclesiasL,  Pol 
B.  v.  13. 

*  At  the  union,  in  1813,  the  Grand  Lodge  of  England  changed  the  dedi- 
^ation  from  the  two  Saints  John  to  Solomon  and  Moses.  But  this  unwar- 
rantable innovation  has  never  been  acknowledged  in  America  nor  elsewhere 
out  of  the  English  jurisdiction— not  always  indeed  by  the  Lodges  in  it. 


WARRANTED   LODGES.  293 

vals  of  both  saints  are  equally  celebrated  iby  the 
Order,  and  that  the  27th  of  December  is  nut  less  a 
day  of  observance  in  the  Order  than  the  24th  of 
June.* 

The  ceremony  of  dedication  is  merely  the  enun- 
ciation of  a  form  of  words,  and  this  having  been 
done,  the  Lodge  is  thus,  by  the  consecration  and 
dedication,  set  apart  as  something  sacred  to  the 
cultivation  of  the  principles  of  Masonry,  under  that 
peculiar  system  which  acknowludges  the  two  Saints 
John  as  its  patrons. 

3.  The  Constitution. — The  consecration  and  dedi- 
cation may  be  considered  as  the  religious  formula- 
ries which  give  a  sacred  character  to  the  Lodge, 
and  by  which  it  is  to  be  distinguished  from  a  pro- 
fane association,  intended  only  for  the  cultivation 
of  good  fellowship.  The  ceremony  of  constitution 
which  immediately  follows,  is  of  a  legal  character. 
It  is  intended  to  give  legality  to  the  Lodge,  and 
constitutional  authority  to  all  its  acts.  It  is  of 
course  dependent  on  the  preceding  ceremonies  ;  for 
no  Lodge  can  be  rightfully  constituted  until  it  has 
been  consecrated  and  dedicated.  The  two  prelimi- 
nary ceremonies  refer  to  the  place,  the  last  to  the 
persons  assembled.  The  Lodge  is  consecrated  and 
dedicated  as  a  place  wherein  the  science  of  Free- 
masonry is  to  be  cultivated.  The  members  then 

*  The  formula  of  dedication  used  in  the  Book  of  Constitutions  of  the  Grand 
Lodge  of  South  Carolina  corrects  the  phraseology  of  Webb  in  this  respect, 
and  is  therefore,  I  think,  to  be  preferred :  "  To  the  memory  of  the  Holy 
Saints  John  we  dedicate  this  Lodge.  May  every  brother  revere  their  charac 
ter  and  imitate  their  virtues." 


294  ORGANIZATION   OF 

present  and  their  successors  are  authorized  to  culti- 
vate that  science  in  the  legal  and  acknowledged 
mode.  The  ceremony  of  constitution  is  a  simple 
one,  and  consists  merely  in  the  enunciation  of  the 
fact  by  the  Grand  Master,  or  his  special  proxy  under 
his  authority,  and  as  the  organ  of  the  Grand  Lodge, 
which  body  alone  can  give  this  legal  character  to 
an  assembly  of  Masons.  In  England,  Grand  Mas 
ters  have  the  power  of  granting  warrants  of  consti- 
tution ;  and  hence  in  Preston's  formula  the  Lodge  is 
constituted  by  that  officer  in  his  own  name  and 
character,  but  in  America  the  power  of  constituting 
Lodges  is  taken  from  him,  and  vested  solely  in 
Grand  Lodges,  and  hence  the  formula  adopted  by 
Webb  expresses  that  fact,  and  the  Grand  Master 
constitutes  the  Lodge  "  in  the  name  of  the  Most 
Worshipful  Grand  Lodge."  By  this  ceremony  the 
Lodge  is  taken  out  of  its  inchoate  and  temporary 
condition  as  a  Lodge  under  dispensation,  and  is 
placed  among  the  permanent  and  registered  Lodges 
of  the  jurisdiction. 

4.  The  Installation. — The  Lodge  having  been 
thus  consecrated  to  the  uses  of  Masonry,  and  dedi- 
cated to  the  patrons  of  the  Order,  and  its  members 
constituted  into  a  legal  Masonic  organization,  it  is 
now  necessary  that  the  officers  chosen  should  be  duly 
invested  with  the  power  to  exercise  the  functions 
which  have  been  confided  to  them.  The  ceremony 
by  which  this  investiture  is  made  is  called  the 
installation. 

The  custom  of  inducting  an  officer  into  the  sta^ 


WARRANTED    LODGES.  295 

tion  to  which  he  has  been  elected  by  some  cere- 
mony, however  simple,  has  been  observed  in  every 
association.  The  introduction  of  the  presiding 
officer  of  a  profane  society  into  the  chair  which  he 
is  to  occupy,  by  one  or  more  of  the  members,  is,  in 
every  essential  point,  an  installation.  In  the  church, 
the  ceremony  (differing,  as  it  must,  in  every  denomi- 
nation,) by  which  a  clergyman  is  inducted  into  his 
pastoral  office,  or  a  bishop  placed  in  his  see,  is  in 
like  manner  a  species  of  installation,  all  of  which 
forms  find  their  type  in  the  inauguration  of  the 
Augurs  in  ancient  Rome  into  their  sacred  office.* 
A  similar  usage  prevails  in  Masonry, where  it  has 
always  been  held  that  an  officer  cannot  legally  per- 
form the  duties  of  his  office  until  he  has  been  in- 
stalled into  office.  As  in  the  Roman  inauguration 
the  rite  could  only  be  performed  by  an  Augur, 
(whence  the  derivation  of  the  word,)  so  in  Masonry 
the  ceremony  of  installation  can  only  be  performed 
by  a  Past  Master,  and  in  the  installation  of  the  offi- 
cers of  a  new  Lodge,  by  the  Grand  Master  or  some 
Past  Master,  who  has  been  especially  deputed  by 
Lim  for  that  purpose. 

Preston  says  that  the  Deputy  Grand  Master  usu- 
ally invests  the  Master,  the  Grand  Wardens  invest 
the  Wardens,  the  Grand  Treasurer  and  Grand 
Secretary  the  Treasurer  and  Secretary,  and  the 
Grand  Stewards  the  Stewards.  But  this  usage 

*  A  reference  to  SMITH  (Diet,  of  Greek  and  Roman  Ant.)  will  show 
how  much  the  inauguration  of  the  Augurs  resembled  in  all  its  previsions  the 
Masonic  installation. 


296  ORGANIZATION   OP 

is  not  observed  in  America,  where  all  the  officers 
are  installed  and  invested  by  the  same  installing 
officer,  whether  he  be  the  Grand  Master  or  a  Past 
Master. 

The  ceremony  of  installing  the  subordinate  offi- 
cers consists  simply  in  the  administration  of  an  obli- 
gation for  the  faithful  discharge  of  the  duties  of  the 
office, with  the  investment  of  the  appropriate  jewel, 
and  the  delivery  of  a  short  charge.  But  in  the  in- 
stallation of  the  Master,  other  ceremonies  are 
added.  He  is  required  to  signify  his  assent  to  cer- 
tain propositions  which  contain,  as  it  were,  the  Ma- 
sonic confession  of  faith  ;  and  he  is  also  invested 
with  the  Past  Master's  degree.  All  the  writers  on 
the  subject  of  installation  concur  in  the  theory  that 
the  conferring  of  the  Past  Master's  degree  consti- 
tutes an  integral  part  of  the  installation  ceremony. 
The  language  of  the  oldest  ritual  that  lias  been 
preserved,  that  of  the  Duke  of  Wharton,  hints  at 
the  fact  that  there  was  some  secret  ceremony  at- 
tached to  the  exoteric  formula  of  installation,*  and 
the  hint  thus  given  has  been  fully  developed  by 
Preston,  who  expressly  states  that  the  new  Master 
is  "  conducted  to  an  adjacent  room,  where  he  is 
regularly  installed  and  bound  to  his  trust  in  ancient 

*  "  Then  the  Grand  Master,  placing  the  candidate  on  his  left  hand,  haying 
asked  and  obtained  the  unanimous  consent  of  all  the  brethren,  shall  say,  I 
constitute  and  fcjm  these  good  brethren  into  a  new  Lodge,  and  appoint  you 
the  Master  of  it,  not  doubting  of  your  capacity  and  care  to  preserve  the 
cement  of  the  Lodge,  ,&c.,  with  some  other  expressions  that  are  proper  and 
usual  on  thai  occasion,  but  not  proper  to  be  written."-^- ANDERSON,  firsl 
edit.,  p.  71. 


WARRANTED   LODGES.  297 

form,  in  the  presence  of  at  least  three  installed  Mas- 
ters." I  cannot,  therefore,  hesitate  to  believe,  from 
the  uniform  concurrence  of  all  authorities,  that  the 
investiture  with  the  Past  Master's  degree  consti- 
tutes an  essential  part  of  the  ceremony  of  installa- 
tion, and  is  actually  necessary  to  its  legality  as  a 
completed  act. 

It  is  usual,  in  case  of  the  absence  of  any  one  of 
the  officers  who  is  to  be  installed,  for  some  other 
brother  to  assume  his  place,  and,  act  ing  as  his  proxy, 
to  make  the  usual  promises  for  him,  and  in  his  be- 
half to  receive  the  charge  and  investiture.  Long 
and  uninterrupted  usage  would  seem  alone  sufficient 
to  sanction  this  practice,  (however  objectionable  it 
may,  in  some  respects,  be  deemed,)  but  it  has  also 
the  authority  of  ancient  law ;  for  the  thirty-sixth 
of  the  Regulations  of  1721  prescribes  that  when 
the  Grand  Master  elect  is  absent  from  the  grand 
feast,  that  is  to  say,  on  the  day  of  installation, 
the  old  Grand  Master  may  act  as  his  proxy,  per- 
form his  duties,  and  in  his  name  receive  the  usual 
homage. 

The  Lodge  thus  consecrated,  dedicated  and  con- 
stituted, with  its  officers  installed,  assumes  at  once 
the  rank  and  prerogatives  of  a  warranted  Lodge. 
The  consecration,  dedication  and  constitution,  are 
never  repeated,  but  at  every  subsequent  annual  elec- 
tion, the  installation  of  officers  is  renewed.  But 
on  these  occasions  it  is  no  longer  necessary  that  the 
Grand  Master  or  his  proxy  should  act  as  the  install- 
ing officer.  This  duty  is  to  be  performed  by  the 

13* 


298  ORGANIZATION   OF  WARRANTED   LODGES. 

last  Master,  or  by  any  other  Past  Master  acting  in 
his  behalf ;  for,  by  the  warrant  of  constitution,  the 
power  of  installing  their  successors  is  given  to  the 
officers  therein  named,  and  to  their  successors,  so 
that  the  prerogative  of  installation  i?  Derpetually 
ves*od  in  the  last  officers. 


CHAPTER  II 
Cfje  a&ifl&ts  of  Sufcor&tnate  JLotrjjes, 


FROM  what  has  already  been  said  in  the  preced- 
ing chapter  concerning  the  organization  of  Lodges, 
it  is  evident  that  there  are  in  the  Masonic  system 
two  kinds  of  Lodges,  each  organized  in  a  different 
way,  and  each  possessing  different  rights  and  pre- 
rogatives. The  Lodge  working  under  a  dispensa- 
tion, and  the  Lodge  working  under  a  warrant  of 
constitution,  differ  so  widely  in  their  character,  that 
each  will  require  a  distinct  section  for  the  con- 
sideration of  its  peculiar  attributes. 


SECTION  I. 

THE  RIGHTS  OF  LODGES  UNDER  DISPENSATION. 

It  follows,  as  a  necessary  deduction,  from  what 
has  already  been  said  of  the  organization  of  Lodges 
under  a  dispensation,  that  such  bodies  are  merely 
temporary  in  their  nature,  subject  to  the  will  of  the 
Grand  Master  for  their  continuance,  and  acting 
during  their  existence  simply  as  his  proxies,  for  the 


300  EIGHTS   OF   LODGES 

purpose  of  exercising  a  right  which  is  inherent  in 
him  by  the  ancient  Landmarks,  that, namely,  of  con- 
gregating Masons  to  confer  degrees.*  The  ancient 
records  do  not  throw  any  light  on  this  subject  of 
Lodges  under  dispensation.  It  appears  from  the 
Old  Regulations  that  the  power  of  constituting  a 
Lodge  at  once,  without  any  probationary  dispensa- 
tion, was  originally  vested  in  the  Grand  Master  • 
and  the  brief  ceremony  of  constituting  a  new  Lodge, 
to  be  found  in  the  first  edition  of  the  Book  of  Con- 
stitutions, as  well  as  that  more  enlarged  one  con- 
tained in  the  second  edition  of  the  same  work,f 
was  drawn  up  in  accordance  with  the  principle  that 
the  power  of  original  constitution  was  vested  in  the 
Grand  Master.  But  in  this  country  the  law  has 
been  differently  interpreted,  and  the  power  of  con- 
stituting Lodges  having  been  taken  from,  or  rather 
tacitly  surrendered  by  Grand  Masters,  it  has  been 
assumed  by  Grand  Lodges  alone.  Hence  Grand 
Masters,  in  exercising  the  power  of  granting  dis- 
pensations to  open  and  hold  Lodges,  have  fallen 
back  for  their  authority  to  do  so  on  that  ancient 
Landmark  which  makes  it  the  prerogative  of  the 
Grand  Master  to  summon  any  legal  number  of 
brethren  together,  and  with  them  to  make  Masons. 
A  Lodge  under  dispensation  is  therefore  simply  the 
creature  or  proxy  of  the  Grand  Master — congrega- 

*  I  have  fully  discussed  this  Landmark  in  the  present  work — Book  I.,  p 
22-23— to  which  I  refer  the  reader. 

f  See  ANDERSON'S  Constitutions,  first  edit.,  1723,  p.  70  ;  and  second  edit. 
1738  ri.  149 


UNDER   DISPENSATION.  301 

ted  for  a  temporary  and  special  purpose  (for  it  is 
admitted  that  the  dispensation  may  be  revoked  the 
next  day),  or  if  intended  to  continue  until  a  war- 
rant is  granted,  then  only  an  inchoate  Lodge — an 
assemblage  of  Masons  in  the  state  or  condition  pre- 
paratory to  the  formation  of  a  regular  Lodge.* 
But  as  the  Landmarks  give  the  Grand  Master  the 
right  or  prerogative  of  congregating  his  brethren 
for  the  purpose  of  making  Masons  only,  and  as  it 
confers  on  him  no  power  of  making  laws,  or  per- 
forming any  other  acts  which  exclusively  reside  in 
a  perfect  and  complete  Lodge,  it  is  evident  that  his 
creature,  the  Lodge  which  derives  its  existence  from 
his  dispensation,  can  possess  no  prerogatives  which 
did  not  originally  vest  in  its  creation.  The  Grand 
Master  cannot  give  to  others  that  which  he  does 
riot  himself  possess.  The  prerogatives  of  a  Lodge 
under  dispensation  are  therefore  very  limited  in 
their  nature,  as  will  appear  from  the  following 
summary  : 

1.  A  Lodge  under  dispensation  cannot  be  repre- 
sented in  the  Grand  Lodge.t    The  twelfth  of  the 

*  The  Committee  of  Foreign  Correspondence  of  the  Grand  Lodge  of  New 
York,  in  1851,  gave  the  following  definition  of  Lodges  under  dispensation  : 
"  They  are  not  considered  '  Lodges'  within  the  meaning  of  that  clause,  until 
warranted.  They  are  only  in  the  incipient  stage  of  forming  a  Lodge.  The 
officers  do  not  receive  installation  under  dispensation.  They  are  not  con- 
sidered '  members  of  the  Grand  Lodge'  within  the  meaning  of  our  constitution, 
until  they  have  received  a  warrant,  and  their  Lodge  has  been  regularly  con- 
stituted, and  its  officers  regularly  installed." — Proc.  G.  L.  of  New  York, 
1851,  p.  H9. 

t  It  will  be  unnecessary  to  cite  any  authorities  in  support  of  this  principle, 
as  the  uniform  usage  of  every  Grand  Lodge  has  always  been  in  accordance 
with  it 


302  RIGHTS   OF   LODGES 

Regulations  of  1721  defines  the  Grand  Lodge  as 
consisting  of  the  "  Masters  and  Wardens  of  all  the 
particular  Lodges  upon  record"  and  the  seventh  of 
the  same  Regulations  intimates  that  no  Lodge  was 
to  be  registered  or  recorded  until  a  warrant  for  it 
had  been  issued  by  the  Grand  Master.  But  it  has 
already  been  shown  that  the  old  power  of  granting 
warrants  by  the  Grand  Master  is  now  vested  solely 
in  the  Grand  Lodge  ;  and  hence  all  that  is  said  in 
these  or  any  other  ancient  Regulations,  concerning 
Lodges  under  warrant  by  the  Grand  Master,  must 
now  be  applied  to  Lodges  warranted  by  the  Grand 
Lodge,  and  therefore  the  twelfth  Regulation  is  to 
be  interpreted,  under  our  modern  law,  as  defining 
the  Grand  Lodge  to  consist  only  of  the  Masters  and 
Wardens  of  Lodges  which  have  received  warrants 
from  the  Grand  Lodge.  Lodges  working  under  the 
dispensation  of  the  Grand  Master  constitute,  there- 
fore, no  part  of  the  Grand  Lodge,  and  are  conse- 
quently not  entitled  to  a  representation  in  it. 

2.  A  Lodge  under  dispensation  cannot  make  by- 
laws. This  is  a  power  vested  only  in  those  Lodges 
which,  being  of  a  permanent  nature,  constitute  a 
part  of  the  Masonic  authority  of  the  jurisdiction. 
Lodges  under  dispensation  being  of  a  temporary 
nature,  liable  at  any  moment  to  be  arrested  in  their 
progress,  and  to  have  their  very  existence  annulled 
at  the  mandate  of  a  single  man,  are  incapable  of 
exercising  the  high  prerogative  of  making  by-lawa 
or  a  constitution,  the  very  enactment  of  which  im- 
plies a  permanency  of  organization.  But,  it  may  be 


UNDER  DISPENSATION.  303 

asked,  are  such  bodies  then  to  be  without  any  code 
or  system  of  regulations  for  their  government  ?  I 
answer,  by  no  means.  Like  all  other  assemblies  of 
Masons,  congregated  for  a  temporary  period,  and 
for  the  performance  of  a  special  Masonic  duty,  they 
are  to  be  governed  by  the  Ancient  Landmarks,  the 
General  Regulations  of  the  Order,  and  the  specific 
constitutions  of  the  Grand  Lodge  under  whose  juris- 
diction they  are  placed.  I  have  noticed,  it  is  true, 
in  the  proceedings  of  some  Grand  Lodges,  that  the 
by-laws  of  Lodges  under  dispensation  have  been 
submitted  for  approval,  but  such  is  not  the  general 
usage  of  the  fraternity  ;  nor  can  I  understand  how 
a  body,  admitted  not  to  be  a  Lodge,  but  only  a 
quasi,  or  inchoate  Lodge,  can,  during  its  temporary 
and  indefinite  existence,  enact  a  code  of  by-laws 
which,  if  of  any  value,  must  necessarily  be  intended 
for  a  permanent  constitution.  I  have  never  yet 
happened  to  examine  the  by-laws  of  a  lodge  under 
dispensation,  but  it  is  evident  that  unless  such  a 
body  has  transcended  the  powers  delegated  to  it  by 
the  Grand  Master,  and  assumed  for  itself  a  perma- 
nent organization,  these  by-laws  must  be  entirely 
confined  to  the  mode  of  making  Masons,  for  this  is 
the  only  prerogative  which  the  dispensation  vests 
in  such  a  body. 

3.  A  Lodge  under  dispensation  cannot  elect  offi 
cers.  The  very  instrument  of  dispensation  to  which 
it  is  indebted  for  its  existence,  has  nominated  the 
officers  who  are  to  govern  it  as  the  agents  of  the 
Grand  Master.  From  him  alone  they  derive  their 


304  RIGHTS   OF   LODGES 

authority,  and  by  him  alone  can  they  be  displaced 
or  others  substituted  in  their  stead.*  The  Grand 
Master  has  delegated  certain  powers  to  the  persons 
named  in  the  dispensation,  but  they  cannot  in  turn 
delegate  these  powers  of  acting  as  Master  and 
Wardens  to  any  other  persons  ;  for  it  is  an  estab- 
lished principle  of  law  that  a  delegated  authority 
cannot  be  re-delegated — delegata  potestas  non  potest 
delegari.  But  for  the  Master  and  Wardens  to  re- 
sign their  offices  to  others  who  had  been  elected  by 
the  Lodge,  would  be  just  such  a  re-delegation  as  is 
forbidden  by  the  law,  and  hence  a  Lodge  under  dis- 
pensation cannot  elect  its  officers.  They  are  the 
appointees  of  the  Grand  Master. 

4.  It  follows,  from  the  nature  of  the  organization 
of  a  Lodge  under  dispensation,  that  it  cannot  install 
its  officers.  This  is  indeed  a  ritualistic  law,  for  the 
installation  of  officers  is  an  inherent  and  indivisible 
part  of  the  ceremony  of  constitution ,f  and  it  is  self- 
evident  that  a  Lodge  under  dispensation  cannot, 

*  "  Lodges  under  dispensation  cannot  change  their  officers  without  the 
special  approbation  and  appointment  of  the  Grand  Lodge." — WEBB,  Free- 
mason's Monitor,  p.  97, ed.  1808.  He  should  have  said,"  Grand  Master.'" 
But  in  Webb's  day,  if  his  authority  is  to  be  depended  on,  dispensations  were 
in  most  jurisdictions  issued  only  by  the  Grand  Lodge,  a  usage  that  has  now 
been  universally  abandoned,  if  it  ever  existed,  of  which  I  have  some  doubt. 
The  principle,  however,  so  far  as  it  affects  the  text,  is  the  same.  The  offi- 
cers can  only  be  changed  by  the  power  that  grants  the  dispensation. 

f  The  petition  sent  to  the  Grand  Master  by  the  members  of  the  new  Lodge 
which  is  to  be  constituted,  as  it  is  contained  in  WEBB,  states  that  "  they 
have  obtained  a  charter  of  constitution,  and  are  desirous  that  their  Lodge 
should  be  consecrated  and  their  officers  installed,  agreeably  to  the  ancient 
usages  and  customs  of  the  craft." — WEBB,  Mon.,  p.  99.  The  constitution 
and  consecration  arp  <hns  made  conditions  precedent  to  the  installation 


UNDER  DISPENSATION.  305 

while  in  this  inchoate  condition,  be  constituted  ;  for 
a  constituted  Lodge  under  dispensation  would  be  a 
contradiction  in  terms  ;  besides,  no  officer  can  be 
installed  unless  he  has  been  elected  or  appointed 
for  a  definite  period.  But  the  Master  and  Wardens 
of  a  Lodge  under  dispensation  are  appointed  for  an 
indefinite  period,  that  is,  during  the  pleasure  of  the 
Grand  Master,  arid  are  not,  therefore,  qualified  for 
installation. 

5.  A  Lodge  under  dispensation  cannot  elect  mem- 
bers. Candidates  may  be  elected  to  receive  the 
degrees,  but  the  conferring  of  the  third  degree  in  a 
Lodge  under  dispensation  does  not  at  the  same  time 
confer  membership,  or  a  right  to  membership,  as 
occurs,  under  similar  circumstances,  in  a  Lodge 
working  under  a  warrant  of  constitution.  This 
arises  from  the  inchoate  and  imperfect  nature  of 
such  a  Lodge.  It  is  simply  a  temporary  organiza- 
tion of  Masons  for  a  specific  purpose.  A  Lodge 
under  dispensation  is,  in  every  sense  of  the  word, 
what  the  old  records  of  England  call  an  "  occasional 
Lodge/7  convened  by  the  Grand  Master  for  one  pur- 
pose, and  no  other.  There  is  no  authority  in  the 
instrument  that  convened  them  to  do  anything  else 
except  to  make  Masons.  They  are  brought  to- 
gether under  the  mandate  of  the  Grand  Master  for 
this  purpose  only,  so  expressed,  definitely  and  posi- 
tively, in  the  plainest  and  most  unequivocal  lan- 
guage. They  are  not  congregated  to  make  by-laws, 
to  elect  members,  to  frame  laws — in  short,  to  do 
anything  except  "  to  enter,  pass,  and  raise  Free- 


306  EIGHTS   OF   LODGES 

masons."*  If  they  proceed  to  the  transaction  of 
any  other  business  than  this,  or  what  is  strictly  in- 
cidental to  it,  they  transcend  the  authority  that  has 
been  delegated  to  them.  Hence,  as  a  Lodge  under 
dispensation  derives  all  its  prerogatives  from  the 
dispensation  only,  and  as  that  instrument  confers  no 
other  power  than  that  of  making  Masons,  it  follows 
that  the  prerogative  of  electing  members  is  not  con- 
ferred upon  it.  The  candidates  who  have  received 
the  degrees  in  such  a  Lodge,  partake  of  its  imperfect 
and  preliminary  character.  If  the  Lodge  at  the 
proper  time  receives  its  warrant  of  constitution, 
they  then  become  members  of  the  completed  Lodge. 
If  the  dispensation,  on  the  contrary,  is  revoked, 
and  the  Lodge  dissolved,  they  are  Masons  in  good 
standing,  but  unaffiliated,  and  are  not  only  permit- 
ted- but  it  becomes  their  duty,  to  apply  to  some 
regular  Lodge  for  affiliation. 

6.  This  power  of  electing  candidates  to  take  the 
degrees  in  a  Lodge  under  dispensation,  is,  however, 
confined  to  the  Master  and  Wardens.  These  offi- 
cers only  are  named  in  the  dispensation — they  only 
are  the  proxies  or  representatives  of  the  Grand 
Master — they  only  are  responsible  to  him  for  the 
faithful  execution  of  the  power  temporarily  vested 

*  Webb  does  not  give  the  form  of  the  dispensation,  but  it  will  be  found  in 
COLE,  (Freemason's  Library,  p.  9, 1817,)  where  it  is  issued  to  the  Master 
only,  authorizing  him  to  congregate  a  sufficient  number  of  brethren  for  the 
purpose  of  opening  a  Lodge,  "and  in  the  said  Lodge,  while  thus  open,tc 
admit,  enter  and  make  Freemasons."  More  recently  the  dispensations  hava 
been  issued  to  a  Master  and  tw:>  Wardens,  but  the  intent  of  the  instrumen 
still  remains  thd  same. 


UNDER   DISPENSATION.  307 

in  them.  All  Masons  who  aid  and  assist  them  in 
conferring  the  degrees  are  extraneous  to  the  dispen 
sation,  and  act,  in  thus  assisting,  precisely  as  the 
visitors  to  a  constituted  Lodge  might  do,  who  should 
be  called  upon  to  aid  the  regular  officers  and  mem- 
bers in  the  discharge  of  their  duties.  The  corollary 
from  all  this  is,  that  in  a  Lodge  under  dispensation, 
none  but  the  Master  and  Wardens  have  a  right  to 
elect  candidates. 

I  say  a  right,  because  I  believe  that  such  is  the 
law,  as  a  necessary  and  unavoidable  inference  from 
the  peculiar  organization  of  Lodges  under  dispensa- 
tion. But  it  is  not  always  proper  or  courteous  for 
us  to  put  ourselves  on  our  reserved  rights,  and  to 
push  the  law  with  rigor  to  its  utmost  limit.  When 
a  certain  number  of  brethren  have  united  themselves 
together  under  a  Master  and  Wardens  acting  by 
dispensation,  with  the  ulterior  design  of  applying 
for  a  warrant  of  constitution  and  forming  them- 
selves into  a  regular  Lodge,  although  they  have  no 
legal  right  to  ballot  for  candidates,  the  selection  of 
whom  has  been  intrusted  by  the  Grand  Master  to 
the  three  officers  named  in  the  dispensation  for  that 
especial  purpose  •  yet  as  the  choice  of  those  who 
are  hereafter  to  be  their  associates  in  the  future 
Lodge,  must  be  a  matter  of  interest  to  them,  ordi- 
nary courtesy,  to  say  nothing  of  Masonic  kindness, 
should  prompt  the  Master  and  Wardens  to  consult 
the  feelings  of  their  brethren,  and  to  ask  their 
opinions  of  the  eligibility  of  the  candidates  who 
apply  to  be  made  Masons.  Perhaps  the  most  expe- 


308  POWERS    OF   LODGES  WORKING 

ditious  and  convenient  mode  of  obtaining  tliis  ex- 
pression of  their  opinions  is  to  have  recourse  to  a 
ballot,  and  to  do  so,  as  an  act  of  courtesy,  is  of 
course  unobjectionable. 

I  am  perfectly  aware  that  it  is  the  general  rule 
for  all  the  brethren  present  to  ballot  for  candidates 
in  Lodges  under  dispensation  ;  but  the  question  is 
not,  what  is  the  usage,  but  what  is  the  law  which 
should  govern  the  usage  ?  The  balloting  may  take 
place  in  such  a  Lodge,  but  it  must  be  remembered, 
if  we  are  to  be  governed  by  the  principles  and  in- 
ferences of  law,  that  each  brother,  when  he  deposits 
his  ball,  does  so,  not  by  any  legal  right  that  he  pos- 
sesses, but  simply  by  the  courtesy  of  the  Master  and 
Wardens,  who  have  adopted  this  convenient  method 
of  consulting  the  opinions  and  obtaining  the  counsel 
of  their  brethren,  for  their  own  satisfaction.  All 
ballots  held  in  a  Lodge  under  dispensation  are, 
except  as  regards  the  votes  of  the  Master  and 
Wardens,  informal. 


SECTION  II. 

THE  POWERS  OF  LODGES  WORKING  UNDER  WARRANTS  OF 
CONSTITUTION. 

The  ritual  defines  a  Lodge  to  be  "  an  assemblage 
of  Masons,  duly  congregated,  having  the  Holy  Bible, 
square  and  compasses,  and  a  charter  or  warrant  of 
constitution  authorizing  them  to  work.77  Now,  the 
latter  part  of  this  definition  is  a  modern  addition, 


UNDER   WARRANTS   OP   CONSTITUTION.  309 

* 

for  anciently  no  such  instrument  as  a  warrant  of 
constitution  was  required ;  and  hence  the  Old 
Charges  describe  a  Lodge  simply  as  "  a  duly  organ- 
ized society  of  Masons."*  Anciently,  therefore, 
Masons  met  and  performed  the  work  of  Masonry, 
organizing  temporary  Lodges,  which  were  dissolved 
as  soon  as  the  work  for  which  they  had  been  con- 
gregated was  completed,  without  the  necessity  of  a 
warrant  to  legalize  their  proceedings.  But  in  1717, 
an  organization  of  the  Grand  Lodge  of  England 
took  place,  at  which  time  there  were  four  Lodges 
existing  in  London,  who  thus  met  by  inherent  right 
as  Masons.  As  soon  as  the  organization  of  the 
Grand  Lodge  had  been  satisfactorily  completed, 
the  four  Lodges  adopted  a  code  of  thirty-nine 
Regulations,  which,  like  the  Magna  Charta  of  the 
English  barons,  was  intended,  in  all  times  there- 
after, to  secure  the  rights  and  privileges  of  the 
fraternity  from  any  undue  assumptions  of  power  on 
the  part  of  the  Grand  Lodge.  Having  accomplished 
this  preliminary  measure,  they  then,  as  the  legal 
representatives  of  the  craft,  surrendered,  for  them- 
selves and  their  successors,  this  inherent  right  of 
meeting  into  the  hands  of  the  Grand  Lodge ;  and 
the  eighth  Regulation  then  went  into  operation, 
which  requires  any  number  of  Masons  who  wish 
to  form  a  Lodge,  to  obtain,  as  a  preparatory  step, 
the  Grand  Master 's  warrant  or  authority. t  At 

*  See  Old  Charges  in  ANDERSON,  first  ed.,  p.  51. 

t  See  the  history  of  these  events  in  PRESTON,  (OLIVER'S  ed.)  pp.  182-185. 
Preston  says  that  the  warrant  of  the  Grand  Master  required  "  the  conaenl 


310  POWERS   OF  LODGES   WORKING 

the  game  time  other  prerogatives,  which  had  alwaya 
vested  in  the  craft,  were,  by  the  same  regulations, 
surrendered  to  the  Grand  Lodge,  so  that  the  rela- 
tive position  of  the  Grand  Lodge  to  its  subordi- 
nates, and  of  the  subordinate  Lodges  to  the  Grand 
Lodge,  has,  ever  since  the  year  1717,  been  very  dif- 
ferent from  tha.t  which  was  previously  held  by  the 
General  Assembly  or  Annual  Grand  Lodge  to  the 
craft. 

The  first  and  the  most  important  deduction  that 
we  make  from  this  statement  is,  that  whatever 
powers  and  prerogatives  a  Lodge  may  now  possess, 
are  those  which  have  always  been  inherent  in  it  by 
the  Ancient  Landmarks  of  the  Order.  No  new 
powers  have  been  created  in  it  by  the  Grand  Lodge. 
The  Regulations  of  1721  were  a  concession  as  well 
as  a  reservation*  on  the  part  of  the  subordinate 
Lodges.  The  Grand  Lodge  was  established  by  the 

and  approbation  of  the  Grand  Lodge  in  communication,  and  he  quotes  a 
regulation  to  that  effect ;  but  I  find  no  such  qualification  in  Anderson,  or  any 
of  the  subsequent  editions  of  the  Constitutions.  The  eighth  Regulation  dis- 
tinctly says  that  the  petitioners  "  must  obtain  the  Grand  Master's  warrant," 
without  any  subsequent  allusion  to  the  confirmatory  action  of  the  Grand 
Master.  But  as  the  Grand  Lodge  always  exercised  the  prerogative  of  strik 
ing  Lodges  off  the  registry,  we  may  suppose  that  it  had  the  power  of  a  veto 
on  the  action  of  the  Grand  Lodge.  Still  the  language  of  the  Regulations  of 
1721  lead  us  everywhere  to  believe  that  a  Lodge  was  completely  constituted 
by  the  warrant  of  the  Grand  Master.  Such  still  continues  to  be  the  regula- 
tion in  England.  Thus  the  modern  Constitutions  of  the  Grand  Lodge  oi 
England  prescribe  that  a  dispensation  may  be  granted  by  the  Provincial 
Grand  Master,  until  "  a  warrant  of  constitution  shall  be  signed  by  the  Grand 
Master."—  Const,  of  Q-.  L.  of  Ung.,  p.  123.  But  in  this  country,  as  I  have 
already  shown,  warrants  must  emanate  from  the  Grand  Lodge. 

*  A  concession  of  some  rights,  such  as  that  of  granting  warrints,  and  a 
reservation  of  others,  such  as  that  of  admitting  members. 


UNDER  WARRANTS  OF   CONSTITUTION.  311 

fraternity  for  purposes  of  convenience  in  govern- 
ment. Whatever  powers  it  possesses  were  yielded 
to  it  freely  and  by  way  of  concession  by  the  frater- 
nity, not  as  the  representatives  of  the  Lodges,  but 
as  the  Lodges  themselves,  in  general  assembly  con- 
vened.* The  rights,  therefore,  which  were  conceded 
by  the  Lodges  they  have  not,  but  whatever  they  did 
not  concede,  they  have  reserved  to  themselves,  and 
they  claim  and  exercise  such  rights,  not  by  grant 
from  the  Grand  Lodge,  but  as  derived  from  the 
ancient  Landmarks  and  the  old  Constitutions  of  the 
Order.  This  axiom  must  be  constantly  borne  in 
mind,  as  it  will  be  necessary  for  the  elucidation  of 
many  points  of  Masonic  law,  concerning  the  rights 
and  powers  of  subordinate  Lodges. 

In  an  inquiry  into  the  rights  and  powers  of  a 
Lodge,  it  will  be  found  that  they  may  be  succinctly 
considered  under  fourteen  different  heads.  A 
Lodge  has  a  right — • 

I.  To  retain  possession  of  its  warrant  of  consti- 
tution. 

II.  To  do  all  the  work  of  ancient  craft  Masonry. 

III.  To  transact  all  business  that  can  be  legally 
transacted  by  regularly  congregated  Masons. 

IV.  To  be  represented  at  all  communications  of 
the  Grand  Lodge. 

Y.  To  increase  its  numbers  by  the  admission  of 
new  members. 

*  The  first  meetings  of  the  Grand  Lodge  in  1717,  and  until  the  adoption  of 
the  thirty-nine  Regulations  in  1721,  were  meetings,  not  of  the  Masters  aii<3 
Wardens  only,  but  of  the  whole  craft.  There  is  abundant  evidence  of  this  in 
Anderson  and  Preston. 


412  POWERS   OF   LODGES   WORKING 

VI.  To  elect  its  officers. 

VII.  To  install  its  officers  after  being  elected. 

VIII.  To   exclude  a  member,   on  cause  shown 
temporarily  or  permanently,  from  the  Lodge. 

IX.  To  make  by-laws  for  its  local  government. 

X.  To  levy  a  tax  upon  its  members. 

XI.  To  appeal  to  the  Grand  Lodge  from  the  de 
cision  of  its  Master. 

XII.  To  exercise  penal  jurisdiction  over  its  own 
members,  and  on  uriaffiliated  Masons  living  within 
the  limits  of  its  jurisdiction. 

XIII.  To  select  a  name  for  itself. 

XIV.  To   designate  and    change  its   time  and 
place  of  meeting. 

Each  of  these  prerogatives  is  connected  with  cor- 
relative duties,  and  is  restricted,  modified  and  con- 
trolled by  certain  specific  obligations,  each  of  which 
requires  a  distinct  and  careful  consideration. 

I.  A  Lodge  has  the  right  to  retain  possession  of  its 
warrant  of  constitution.  In  this  respect  we  see  at 
once  a  manifest  difference  between  a  warranted 
Lodge  and  one  working  under  a  dispensation.  The 
latter  derives  its  authority  from  the  Grand  Master, 
and  the  dispensation,  which  is  the  instrument  by 
which  that  authority  is  delegated,  may  at  any  time 
be  revoked  by  the  officer  from  whom  it  emanated. 
In  such  an  event  there  is  no  mode  of  redress  pro- 
vided by  law.  The  dispensation  is  the  voluntary 
act  of  the  Grand  Master,  is  granted  ex  gratia,  and 
may  be  withdrawn  by  the  same  act  of  will  which 
first  prompted  the  grant.  There  can  be  no  appeal 


UNDER  WARRANTS  OF   CONSTITUTION.  313 

from  such  an  act  of  revocation,  nor  can  any  Masonic 
tribunal  require  that  the  Grand  Master  should  show 
cause  for  this  exertion  of  his  prerogative. 

But  the  warrant  having  been  granted  by  the 
Grand  Lodge,  the  body  of  Masons  thus  constituted 
form  at  once  a  constituent  part  of  the  Grand 
Lodge.  They  acquire  permanent  rights  which  can- 
not be  violated  by  any  assumption  of  authority,  nor 
abrogated  except  in  due  course  of  Masonic  law. 
The  Grand  Master  may,  in  the  conscientious  dis- 
charge of  his  duty,  suspend  the  work  of  a  chartered 
Lodge,  when  he  believes  that  that  suspension  is 
necessary  for  the  good  of  the  Order  ;  but  he  cannot 
recall  or  revoke  the  warrant.  From  that  suspen- 
sion of  work  there  is  of  course  an  appeal  to  the 
Grand  Lodge,  and  that  body  alone  can,  on  cause 
shown,  and  after  due  and  legal  investigation,  with- 
draw or  revoke  the  warrant.* 

When  a  Grand  Master  thus  suspends  the  labors 
of  a  Lodge,  he  is  usually  said  "  to  arrest  the  war- 
rant." There  is  no  objection  to  the  phrase,  if  its 
signification  is  properly  understood.  "  To  arrest 
the  warrant  of  a  Lodge"  is  simply  to  forbid  its  com- 
munications,  and  to  prevent  its  members  from  con- 

*  "  No  warrant  of  a  Lodge  can  be  forfeited  except  upon  charges  regularly 
made  in  Grand  Lodge,  at  its  annual  communication,  of  which  due  notice 
shall  be  given  the  Lodge,  and  an  opportunity  of  being  heard  in  its  defence ; 
but  it  may  be  suspended  by  the  OranJ  Lodge  or  Grand  Master,  or  Deputy 
Grand  Master,  at  any  time,  upon  proper  cause  shown,  which  suspension 
shall  not  extend  beyond  the  next  annual  communication." — Const.  Grand 
Lodge  of  New  ForA;,  §  19,  This,  with  the  prerogative  of  suspension  con- 
ferred upon  tlie  Deputy,  and  which  is  merely  a  local  law  of  New  York, 
seems  to  be  the  settled  law  upon  the  subject. 

14 


314  POWERS   OF   LODGES  WORKING 

gregating  for  the  purposes  of  Masonic  labor  or 
business,  under  the  authority  of  the  warrant.  But 
otherwise  the  condition  of  the  Lodge  remains  un- 
changed. It  does  not  forfeit  its  funds  or  property, 
and  its  members  continue  in  good  standing  in  the 
Order  •  and  should  the  decree  of  arrest  by  the 
Grand  Master  be  reversed  by  the  Grand  Lodge,  it 
resumes  its  functions  just  as  if  no  such  suspension 
or  arrest  had  occurred.  I  have  AO  doubt  that  the 
Grand  Master  cannot  demand  the  delivery  of  the 
warrant  into  his  custody  ;  for  having  been  intrusted 
to  the  Master,  Wardens,  and  their  successors,  by  the 
Grand  Lodge,  the  Master,  who  is  the  proper  cus- 
todian of  it,  has  no  right  to  surrender  it  to  any  one, 
except  to  that  body  from  whom  ;  *.  emanated.  The 
"  arrest  of  the  warrant"  is  only  a  decree  of  the 
Grand  Master  in  the  character  of  an  injunction,  by 
which  he  forbids  the  Lodge  to  iroet  until  the  com- 
plaints preferred  against  it  can  be  investigated  and 
adjudicated  by  the  Grand  Lodge. 

The  laws  of  Masonry  provide  only  two  ways  in 
which  the  warrant  of  constitution  of  a  Lodge  can 
be  forfeited,  and  the  Lodge  dissolved.  The  first  of 
these  is  by  an  act  of  the  Grand  Lodge,  after  due 
trial.  The  offences  which  render  a  Lodge  liable  to 
this  severe  penalty  are  enumerated  in  the  Constitu- 
tion of  the  Grand  Lodge  of  New  York,*  as  being  ; 
1.  Contumacy  to  the  authority  of  the  Grand  Mas 
ter  or  Grand  Lodge.  2.  Departure  from  the  ori 
ginal  plan  of  Masonry  and  Ancient  Landmarks 

*  Constitution  G.  L.  of  New  York,  §  17. 


UNDER  WARRANTb   OF    CONSTITUTION.  315 

3.  Disobedience  to  the  constitutions.  Arid  4.  Ceas- 
ing to  meet  for  one  year  or  more.  To  these  I  am 
disposed  to  add,  5.  The  indiscriminate  making  of 
immoral  candidates,  whereby  the  reputation  of 
the  institution  in  the  vicinity  of  the  Lodge  is  im- 
paired. 

The  second  mode  by  which  a  Lodge  may  be  dis- 
solved is  by  a  voluntary  surrender  of  its  warrant. 
This  must  be  by  the  act  of  a  majority  of  the  mem- 
bers, and  at  a  communication  especially  called  for 
that  purpose.  But  it  has  been  held  that  the  Master 
must  concur  in  this  surrender  ;  for,  if  he  does  not, 
being  the  custodian  of  the  instrument,  it  cannot  be 
taken  from  him,  except  upon  trial  and  conviction 
of  a  competent  offence  before  the  Grand  Lodge. 

As  the  warrant  of  constitution  is  so  important  an 
instrument,  being  the  evidence  of  the  legality  of  the 
Lodge,  it  is  essentially  necessary  that  it  should  be 
present  and  open  to  the  inspection  of  all  the  mem- 
bers and  visitors  at  each  communication  of  the 
Lodge.  The  ritual  requires  that  the  three  great 
lights  of  Masonry  should  always  be  present  in  the 
Lodge,*  as  necessary  to  its  organization  as  a  just 

*  I  cannot  refrain  from  quoting  here,  although  not  strictly  a  legal  subject, 
the  beautiful  language  of  the  Committee  of  Foreign  Correspondence  of  the 
Grand  Lodge  of  New  Jersey,  in  1849  : 

"  The  Bible  is  found  in  every  Masonic  assembly.  Nor  is  it  there  as  a 
slighted  and  neglected  symbol  of  the  Order.  Upon  its  pages  often  rests  the 
hand  and  falls  the  eye  of  the  candidate  from  the  moment  the  first  star  of 
Masonry  rises  upon  his  vision  to  '  the  breaking  of  the  dominion  of  the  infidel 
over  the  Holy  Sepulchre,  by  the  tried  steel  and  strong  arm  of  valorous 
knight'.  To  the  authority  of  that  volume  Masonry  appeals  for  the  solemnity 
of  her  obligations  and  the  purity  of  her  principles.  It  shines  it  her  temples 


316  POWERS   OF  LODGES   WORKING 

Lodge.  Equally  necessary  is  the  warrant  of  con- 
stitution to  its  organization  as  a  legal  Lodge  j  and 
therefore  if  the  warrant  is  mislaid  or  out  of  the 
room  at  the  time  of  opening,  it  is  held  by  Masonic 
jurists  that  the  Lodge  cannot  be  opened  until  that 
instrument  is  brought  in  and  deposited  in  a  con- 
spicuous place,  the  most  usual,  and  perhaps  the  most 
proper,  being  the  pedestal  of  the  Master. 

Hence,  too,  as  the  warrant  is  the  evidence  of  the 
legality  of  a  Lodge,  every  Mason  who  desires  to 
visit  a  Lodge  for  the  first  time  is  entitled  to  an  in- 
spection of  this  instrument,  nor  should  any  Mason 
ever  consent  to  visit  a  strange  Lodge  until  he  has 
had  an  opportunity  of  examining  it.  The  refusal 
to  submit  it  to  his  inspection  is  in  itself  a  suspicious 
circumstance,  which  should  place  him  on  his  guard, 
and  render  him  at  once  averse  to  holding  communion 
of  a  Masonic  nature  with  persons  who  are  thus  un- 
willing, and,  it  may  be,  unable  to  produce  the  evi- 
dence of  their  legal  standing. 

II.  A  Lodge  has  the  right  to  do  all  the  work  of 
ancient  craft  Masonry.  This  is  the  principal  object 
for  which  the  Lodge  was  constituted.  Formerly, 
Lodges  were  empowered  to  exalt  their  candidates  to 
the  Royal  Arch  degree,  but  since  the  beginning  of 
this  century  this  power  has  been  transferred  in  thief 
country  to  Chapters,  and  a  Lodge  is  now  only 
authorized  to  confer  the  three  degrees  of  symbolic 

as  the  first  and  brightest  of  her  jewels,  and  the  durable  texture  of  all  her 
royal  and  beautiful  vestments  is  woven  cf  the  golden  threads  of  its  sublimest 
truths  and  most  impressive  passages." 


UNDER  WARRANTS   OF   CONSTITUTION.  311 

Masonry,  and  also,  at  the  time  of  installation,  to  in- 
vest its  Master  with  the  degree  or  order  of  Past 
Master.  But  this  power  to  do  the  work  of  Masonry 
is  restricted  and  controlled  by  certain  very  im- 
portant regulations,  most  of  which,  having  been 
already  amply  discussed  in  a  preceding  part  of 
this  work,  need  only  to  be  referred  to  on  this 
occasion. 

1.  The  candidate  upon  whom  the  Lodge  is  about 
to  confer  any  of  the  degrees  of  ancient  craft  Ma- 
sonry, must  apply  by  petition,  duly  recommended  : 
for  no  Lodge  has  the  right  to  intrude  the  secrets  of 
the  institution  upon  any  person  who  has  expressed 
no  anxiety  to  receive  them.     All  the  regulations 
which  relate  to  the  petition  of  a  candidate  have 
been  discussed  in  Book  II.,  chapter  II.,  page  122,  to 
which  the  reader  is  referred. 

2.  The  candidate  must  be  possessed  of  the  proper 
qualifications,  which  are  prescribed  by  the  laws  of 
the  Order.     See  Book  II.,  chap.  I.,  pp.  83-121. 

3.  His  application  must  undergo  a  ballot,  and  he 
must  be  unanimously  elected.     See  Book  II.,  chap. 
III.,  pp.  134-148. 

4.  The   Regulations  of  1721    prescribe  that   a 
Lodge  cannot  confer  the  degrees  on  more  than  five 
candidates  at  one  time,  which  last  words  have  been 
interpreted  to  mean  at  the  same  communication. 
In  the  second  and  all  subsequent  editions  of  the 
Constitution,  this  law  was  modified  by  the  qualifica 
tion  "  without  an  urgent  necessity  ;"  and  this  seems 
to  be  the  view  now  taken  of  it  by  the  authorities  of 


318  POWERS   OF   LODGES  WORKING 

the  Order,  for  it  is  held  that  it  may  be  set  aside  by 
the  dispensation  of  the  Grand  Master. 

5.  It  seems  al^o  to  be  a  very  general  regulation 
that  no  Lodge  shal '  confer  more  than  one  degree  on 
the  same  candidate  at  one  communication,  unless  it 
be  on  urgent  necessity,  by  the  dispensation  of  the 
Grand  Master.  We  find  no  such  rule  in  the  General 
Regulations  of  1721,  because  there  was  no  necessity 
at  that  time  for  it,  as  subordinate  Lodges  conferred 
only  one  degree,  that  of  Entered  Apprentice.  But 
subsequently,  when  the  usage  was  adopted  of  con- 
ferring all  the  degrees  in  the  subordinate  Lodges,  it 
was  found  necessary,  in  this  way,  to  restrain  the  too 
rapid  advancement  of  candidates  :  and  accordingly, 
in  1753,  it  was  ordered  that  no  Lodge  shall  "  be 
permitted  to  make  and  raise  the  same  brother  at 
one  and  the  same  meeting,  without  a  dispensation 
from  the  Grand  Master."  But  as  no  such  regula- 
tion is  to  be  found  in  any  of  the  written  or  unwrit- 
ten laws  previous  to  1717,  it  can  only  have  such 
authority  as  is  derived  from  the  local  enactment  of 
a  Grand  Lodge,  or  the  usage  in  a  particular  juris- 
diction. But  the  usage  in  this  country  always  has 
been  opposed  to  the  conferring  more  than  one 
degree  at  the  same  communication,  without  a  dis- 
pensation.* 

*  Some  jurists  deny  the  right  of  the  Grand  Master  to  grant  a  dispensation 
for  conferring  the  three  degrees  at  the  same  communication.  But  I  know 
of  no  ancient  law  which  supports  such  a  theory,  and  the  records  of  the  Book 
of  Constitutions  show  several  instances  in  which  it  was  done  in  "  occasional 
Lodges."  Besides,  the  Regulation  quoted  in  the  text  is  an  admission  that  in 
cases  of  emergency,  such  a  dispensation  may  be  granted. 


UNDER  WARRANTS   OF   CONSTITUTION.  319 

III.  A  Lodge  "  TLS  the  right  to  transact  all  business 
•hat  can  be  legally  transacted  by  regularly  Qongregated 
Masons.  This  also  is  one  of  the  objects  for  which 
the  warrant  was  granted,  but  like  the  preceding 
right  already  considered,  it  is  to  be  exercised  under 
the  regulation  of  certain  restrictions. 

It  seems  now  to  be  almost  universally  conceded 
that  all  mere  business  (by  which  word  I  wish  to 
make  a  distinction  from  what  is  technically  called 
"  Masonic  work.")  must  be  transacted  in  the  third 
degree.  This  is  a  very  natural  consequence  of  the 
change  which  has  taken  place  in  the  organization 
of  the  craft.  Originally,  as  I  have  already  repeat 
edly  observed,  t_ .3  Fellow  Crafts  constituted  the 
great  body  of  the  fraternity — the  Master's  degree 
being  confined  to  that  select  few  who  presided  over 
the  Lodges.  At  that  time  the  business  of  the  Order 
was  transacted  in  the  second  degree,  because  the 
possessors  of  that  degree  composed  the  body  of  the 
craft.  Afterwards,  in  the  beginning,  and  up  almost 
to  the  middle  of  the  last  century,  this  main  body 
was  made  up  of  Entered  Apprentices,  and  then  the 
business  of  Lodges  was  necesearily  transacted  in 
the  first  degree.  Now,  and  ever  since  the  middle 
of  the  eighteenth  century,  for  more  than  one  hundred 
years,  the  body  of  the  craft  has  consisted  only  of 
Master  Masons.  Does  it  not  then  follow,  by  a 
parity  of  reasoning,  that  all  business  should  be 
now  transacted  in  the  third  degree  ?  The  ancient 
Charges  and  Constitutions  give  us  no  explicit  law 
on  the  subject,  but  the  whole  spirit  and  tenor  of 


320  POWERS   OF   LODGES  WORKING 

Masonic  usage  has  been  that  the  business  of  Lodges 
should  be  conducted  in  that  degree,  the  members  of 
which  constitute  the  main  body  of  the  craft  at  the 
time.  Whence  it  seems  but  a  just  deduction  that 
at  the  present  time,  and  in  the  present  condition  of 
the  fraternity,  all  business,  except  the  mere  ritual 
work  of  the  inferior  degrees,  should  be  conducted  in 
the  third  degree.  Another  exception  must  be  made 
as  to  the  examination  of  witnesses  in  the  trial  of  an 
Entered  Apprentice  or  a  Fellow  Craft,  which,  for 
purposes  of  justice,  should  be  conducted  in  the  de- 
gree to  which  the  defendant  has  attained  ;  but  even 
here  the  final  decision  should  always  be  made  in  the 
third  degree. 

In  conducting  the  business  of  a  Lodge,  certain 
rules  are  to  be  observed,  as  in  all  other  deliberative 
bodies  ;  but  these  will  be  more  appropriately  con- 
sidered in  a  chapter  devoted  to  the  discussion  of 
"  rules  of  order,"  in  a  subsequent  part  of  this  work. 

IV.  A  Lodge  has  the  right  to  be  represented  at  aU 
communications  of  the  Grand  Lodge.  I  have  already 
said,  in  a  previous  part  of  this  work,  that  it  is  a 
Landmark  of  the  Order  that  every  Mason  has  a 
right  to  be  represented  in  all  general  meetings  of 
the  craft.*  The  origin  of  this  right  is  very  inti- 
mately connected  with  an  interesting  portion  of  the 
history  of  the  institution.  In  former  times,  every 
Mason,  even  "  the  youngest  Entered  Apprentice/' 
had  a  right  to  be  present  at  the  General  Assembly 
of  the  craft,  which  was  annually  held.  And  even 

'  *  See  «u/e,n.  27 


UNDER  WARRANTS  OP   CONSTITUTION.  321 

as  late  as  1717,  on  the  re-organization  of  the  Grand 
Lodge  of  England,  we  are  informed  by  Preston  that 
the  Grand  Master  summoned  all  the  brethren  to  meet 
him  and  his  Wardens  in  the  quarterly  communica- 
tions.* But  soon  after,  it  being  found,  I  presume, 
that  a  continuance  of  such  attendance  would  render 
the  Grand  Lodge  an  unwieldy  body  ;f  and  the 
rights  of  the  fraternity  having  been  securely  guarded 
by  the  adoption  of  the  thirty-nine  Regulations,  it 
was  determined  to  limit  the  appearance  of  the 
brethren  of  each  Lodge,  at  the  quarterly  communi- 
cations, to  its  Master  and  Wardens,  so  that  the 
Grand  Lodge  became  thenceforth  a  strictly  repre- 
sentative body,  composed  of  the  first  three  officers 
of  the  subordinate  Lodges.  The  inherent  right  and 
the  positive  duty  of  every  Mason  to  be  present  at 
the  General  Assembly  or  Grand  Lodge,  was  re- 
linquished, and  a  representation  by  Masters  and 
Wardens  was  substituted  in  its  place.  A  few  mo- 
dern Grand  Lodges  have  disfranchised  the  Wardens 
also,  and  confined  the  representation  to  the  Masters 
only.  But  this  is  evidently  an  innovation,  having 
no  color  of  authority  in  the  Old  Regulations. 
The  right  of  instruction  follows,  as  a  legitimate 

*  "  The  Grand  Master  then  entered  on  the  duties  of  his  office,  appointed 
his  Wardens,  and  commanded  the  brethren  of  the  four  Lodges  to  meet  him 
and  his  Wardens  quarterly  in  communication." — PRESTON,  p.  182. 

t  Thus  ANDERSON  tells  us  that,  in  1721,  when  the  number  of  the  Lodges 
were  much  less  than  twenty,  for  that  was  only  the  number  recorded  on  the 
registry  of  1723,"  PAYNE,  Grand  Master,  observing  the  number  of  Lodges 
to  increase,  and  that  the  General  Assembly  required  more  room,  proposed 
the  next  assembly  and  feast  to  be  held  at  Stationers'  Hall,  Ludgate  Street 
which  was  agreed  to."— ANDERSON,  second  ed.,  1738,  p.  112. 

14* 


POWERS    OF   LODGES  WORKING 

corollary,  from  that  of  representation,  for  it  is  evi- 
dent that  a  Lodge  whose  instructions  to  its  officers 
for  their  conduct  in  the  Grand  Lodge  should  not  be 
obeyed,  would  not,  in  fact,  be  represented  in  that 
body.  Accordingly  the  right  of  instruction  is,  for 
that  reason,  explicitly  recognized  in  the  General 
Regulations  of  1721.* 

Y.  A  Lodge  lias  the  right  to  increase  its  numbers 
by  the  admission  of  new  memfors.  The  warrant  of 
constitution  having  been  granted  permanently  and 
for  the  general  objects  of  Masonry,  and  not  for  a 
specific  purpose  and  a  prescribed  period,  as  is  the 
case  with  Lodges  under  dispensation,  the  quality  of 
perpetuity  is  granted  with  it  as  one  of  the  necessary 
conditions.  But  this  perpetuity  can  only  be  secured 
by  the  admission  of  new  members  to  supply  the 
places  of  those  who  die  or  demit.f  This  admission 
may  take  place  either  by  the  initiation  of  profanes, 
who  acquire  by  that  initiation  the  right  of  member- 
ship, or  by  the  election  of  unaffiliated  Masons. 
Both  of  these  methods  of  increasing  the  members  of 
a  Lodge  are  controlled  by  certain  regulations,  which 
have  been  already  discussed  in  previous  portions  of 
this  work,  and  need  not  be  repeated  here.  The 
reader  is  accordingly  referred,  for  the  subject  of 

*  "  The  majority  of  every  particular  Lodge,  when  congregated,  shall  have 
the  privilege  of  giving  instructions  to  their  Master  and  Wardens,  before  the 
assembling  of  the  Grand  Chapter  or  Lodge,  at  the  three  quarterly  com- 
munications hereafter  mentioned,  and  of  the  annual  Grand  Lodge  too  ;  be- 
cause their  Master  and  Wardens  are  their  representatives,  and  are  supposed 
to  speak  their  mind." — Regulations  of  1721,  article  x.  ANDERSON,  first 
edit,  page  61. 

r  See  Landmark?  10  and  12,  ornte,p.  26. 


UNDER  WARRANTS   OF   CONSTITUTION.  323 

admission  by  initiation,  to  Book  III.,  chap.  III., 
sec.  I.,  p.  180,  and  for  that  of  admission  by  election 
to  the  succeeding  section  of  the  same  chapter,  p.  196. 
The  subject  of  honorary  membership  has  also  been 
fully  discussed  in  pages  189-192.* 

VI.  A  Lodge  has  the  right  to  elect  its  officers.  It 
is  a  Landmark  of  the  Order  that  every  Lodge  should 
be  governed  by  a  Master  and  two  Wardens,  and 
that  the  secrecy  of  its  labors  should  be  secured  by 
a  tiler.  These  officers  it  is  the  inherent  right  of 
every  Lodge  to  select  for  itself,  and  that  right  has 
never  been  surrendered  to  the  Grand  Lodge,  and 
therefore  is  still  vested  in  the  Lodges,  under  such 
regulations  as  may  from  time  to  time  be  adopted. 
The  other  officers  have  been  the  creation  of  Grand 
Lodge  regulations,  and  they  vary  in  name  and 
functions  in  different  countries.  But  whatever  may 
be  the  nature  of  the  offices,  the  power  of  selecting 
the  office-bearers  is  always  vested  in  the  Lodges. 
There  is  no  law  now  in  existence,  nor  ever  was, 
which  gives  the  Grand  Lodge  the  power  of  selecting 
the  officers  of  one  of  its  subordinates 

*  There  is  no  limit,  except  convenience,  to  the  number  of  members  of 
which  a  Lodge  may  consist.  DALCHO  says  that,  "  more  than  fifty,  when 
they  can  attend  regularly,  as  the  rules  of  the  craft  require,  are  generally 
found  inconvenient  for  working  to  advantage." — Ahiman  llezon,  1822,  p.  40 
I  do  not  understand  his  objection,  as  no  matter  what  may  be  the  number  of 
members  present,  only  a  certain  portion  of  them  can  take  a  part  in  the 
labors  of  the  Lodge.  Dalcho's  estimate,  however,  exceeds  the  usual  limit  in 
•his  country  ;  for,  taking  the  Masonic  population  of  ten  States  at  random, 
namely,  Alabama,  Arkansas,  California,  Connecticut,  Delaware,  District  of 
Cplumbia,  Florida,  Georgia,  Illinois  and  Indiana,  I  find  that  the  average 
population  of  each  Lodge  in  seven  of  them  falls  below  fifty  members,  the 
average  of  the  whole  ten  being  only  forty-five  members  to  a  Lodge. 


r~ 


324  POWERS   OF  LODGES  WORKING 

But  the  mode  and  time,  and  many  other  circum- 
stances incidental  to  the  election,  are  regulated  by 
the  Grand  Lodge  ;  and  this  apparent  interference 
with  the  rights  of  the  Lodges  has  been  wisely  con- 
ceded, that  strict  uniformity  in  Lodge  organization 
may  exist  in  each  jurisdiction,  so  far  as  its  own 
limits  extend.  These  regulations  respecting  the 
officers  of  subordinate  Lodges  will  be  the  special 
subject  of  consideration  in  the  following  chapter. 

VII.  A  Lodge  has  the  right  to  install  its  officers 
after  being  elected.  This  is  a  right  incidental  to  the 
grant  of  perpetual  succession,  which  is  contained  in 
the  warrant  ;  for,  as  by  ancient  Masonic  law  and 
universal  usage,  no  officer  can  legally  discharge  the 
functions  of  the  office  to  which  he  has  been  elected, 
until  he  has  been  regularly  inducted  into  it  by  the 
ceremony  of  installation,  it  follows  that  when  a 
grant  of  perpetual  succession  of  officers  is  made,  the 
grant  carries  with  it  the  power  of  investing  all  suc- 
ceeding officers  with  the  powers  and  functions  of 
their  predecessors,  which  investiture  is  accomplished 
in  Masonry  by  the  ceremony  of  installation.  But 
this  power  of  installation,  like  all  the  other  powers 
of  subordinate  Lodges,  is  controlled  and  directed  by 
certain  Grand  Lodge  regulations,  which  it  is  not  in 
the  power  of  the  Lodge  to  set  aside. 

The  installation,  for  instance,  must  take  place  at 
the  communication,  immediately  before  or  on  the 
festival  of  St.  John  the  Evangelist.  This  is  con- 
sidered as  the  commencement  of  the  Masonic  year, 
and  on  that  day  the  old  officers  vacate  their  seats, 


UNDER  WARRANTS   OF   CONSTITUTION.  325 

which  are  assumed  by  the  new  ones.  But  if  by  any 
circumstance  the  installation  has  been  omitted  until 
after  this  festival,  the  law  having  been  violated, 
and  there  being  no  other  law  which  provides  for  an 
installation  after  that  day,  the  installation  can  then 
only  take  place  by  the  authority  and  under  the  dis- 
pensation of  the  Grand  Master. 

We  have  seen,  in  the  preceding  chapter,  that  at 
the  constitution  of  a  new  Lodge,  the  installation  can 
only  be  conducted  by  the  Grand  Master,  or  some 
Past  Master,  acting  for  and  representing  him.  This 
is  because  on  that  occasion  the  installation  makes 
a  part  of  the  ceremony  of  constitution,  which,  by 
the  Old  Regulations,  can  only  be  performed  by  the 
Grand  Master.  But  all  subsequent  installations 
may  be  conducted  by  any  Past  Master  of  the  Lodge, 
or  other  Past  Master  representing  him  ;  because 
the  warrant  grants  the  Master  of  the  Lodge  and  his 
successors  the  perpetual  power  of  installing  their 
successors.  It  is  only  when  the  exercise  of  this 
right  has  been  temporarily  forfeited  by  an  omission 
to  install  at  the  regular  time,  that  it  becomes  neces- 
sary to  go  outside  of  the  warrant,  and  apply  to  the 
Grand  Master  for  his  dispensing  power  to  legalize 
the  installation  at  an  irregular  period. 

It  lies  been  supposed  by  many  that  when  an  officer 
who  has  once  been  installed,  is  re-elected  to  the  same 
office,  a  repetition  of  the  installation  is  not  neces- 
sary ;  but  this  neglect  of  forms,  in  an  institution 
which  depends  so  much  on  them,  is,  1  think,  of 
dangerous  tendency,  and  it  is  therefore  better  that 


320  POWERS   OF  LODGES  WORKING 

the  installation  should  always  be  repeated.  In  fact 
the  omission  of  it  changes,  if  not  practically,  at 
least  theoretically,  the  tenure  by  which  the  re- 
elected  officer  holds  his  office  for  the  second  year. 
At  his  first  election  he  was  of  course  installed  ;  now 
by  the  law  of  Masonry,  an  old  officer  holds  on  until 
his  successor  is  installed.  But  in  this  case  he  is  his 
own  successor,  and  if,  on  his  second  election,  he  does 
again  pass  through  the  ceremony  of  installation,  it 
is  evident  that  he  holds  the  office  to  which  he  has 
been  elected,  not  by  the  tenure  of  that  election,  but 
by  the  tenure  by  which  an  old  officer  retains  his 
office  until  his  successor  is  installed.  He  is  not, 
therefore,  the  regularly  installed  officer  for  the 
year,  but  the  former  one,  retaining  the  office  in  trust 
for  his  successor.  The  theory  of  his  official  position 
is  entirely  changed  ;  and  as  the  obligation  for  the 
faithful  discharge  of  the  duties  of  the  office  for  the 
year  on  which  he  has  entered  has  never  been  ad- 
ministered to  him,  it  is  a  question  how  far  a  man, 
not  strictly  conscientious,  might  feel  himself  con- 
trolled by  the  promises  he  had  made  for  the  preced- 
ing year,  and  which  he  might,  with  sophistry,  I 
admit,  suppose  to  have  been  fulfilled  at  the  close  of 
nis  term  of  office.  And  although  this  practical  re- 
sult might  never  occur,  still,  as  I  have  already  said, 
it  is  dangerous,  in  a  ceremonial  institution  like  ours, 
to  neglect  the  observance  of  any  prescribed  form.* 

*  Lord  COKE  has  wisely  said  that,  "  prudent  antiquity  did,  for  more  so 
»cmnity  and  better  memory  and  observation  of  that  which  is  to  be  done,  ex 
press  substances  under  ceremonies." 


UNDER  WARRANTS   OF    CONSTITUTION.  327 

VIII.  A  Lodge  has  the  right  to  exclude  a  member, 
on  cause  shown,  temporarily  or  permanently,  from 
the  Lodge.     This  right,   which  may   be   exercised 
either  by  suspension   or   expulsion,  or  by  simply 
striking  from  the  roll,  is  of  so  important  a  nature, 
and  is  controlled  by  so  many  qualifying  regulations 
of  the  Grand  Lodge  and  the  Ancient  Constitutions, 
which  direct  or  restrict  the  excluding  power,  that  I 
shall  postpone  the  discussion  of  the  subject  until,  in 
a  subsequent  part  of  this  work,  I  come  to  the  con- 
sideration of  Masonic  punishments. 

IX.  A  Lodge  has  the  right  to  make  by-laws  for  its 
local  government.    This  right  must  be  considered  as 
a  concession  or  regrant  by  the  Grand  Lodge  to  the 
subordinates  of  that  which  had  been  previously  con- 
veyed to  it.     Undoubtedly  every  congregation  of 
Masons  must  originally  have  possessed  an  inherent 
right  to  make  rules  for  their  government ;  but  on 
the  organization  of  Grand   Lodges,  the  supreme 
legislative  jurisdiction  of  the  Order  was  vested  in 
these  bodies.     Hence  the  law-making  power  is  now 
admitted  to  reside  primarily  in  Grand  Lodges  ;  but 
a  portion  of  this  power — just  so  much  as  is  neces- 
sary for  making  local   regulations — has  been  re- 
conveyed  by  the  Grand  Lodges  to  their  subordinate 
Lodges,  with   the  qualifying  restrictions  that  all 
by-laws  made  by  a  Lodge  must  be  in  accordance 
with  the  Landmarks  of  the  Order  and  the  Regula- 
tions of  the  Grand  Lodge,  and  must  also  be  submit- 
ted for  approval  to  the  Grand  Lodge.     This  right, 
then,  of  making  by-laws  is  not  an  inherent  and  in 


328  POWERS   OF   LODGES  WORKING 

dependent  right,  but  one  which  is  derived  from 
the  concession  of  the  Grand  Lodge,  and  may  at 
any  time  be  still  further  abridged  or  altogether 
revoked. 

It  has  been  suggested  in  some  jurisdictions  that  the 
Grand  Lodge  should  prepare  a  uniform  code  of  by- 
taws  for  the  government  of  its  subordinates,  thus 
depriving  them  of  the  power  of  enacting  their  own 
local  regulations.  I  cannot,  in  view  of  the  theory 
just  advanced,  deny  the  right  of  a  Grand  Lodge  to 
assume  such  a  power,  which  seems  to  be  clearly 
within  its  prerogative.  And  indeed,  while  some 
liberty  should  be  allowed  a  Lodge  to  make  laws  for 
its  government  in  certain  particulars,  which  can  in 
no  way  affect  the  general  condition  of  the  Order, 
such,  for  instance,  as  relate  to  the  contributions  of 
members,  the  time  of  meeting,  &c.,  I  am  clearly 
convinced  that  it  would  be  most  expedient  for  every 
Grand  Lodge,  like  that  of  New  York,*  to  leave  as 
little  as  possible  in  the  way  of  law-making  to  its 
subordinates,  but  to  incorporate  in  its  own  consti- 
tution the  most  important  articles  for  the  govern- 
ment of  Lodges. 

From  the  fact  that  the  by-laws  of  a  Lodge  must 
be  submitted  to  the  Grand  Lodge  for  its  approval 
and  confirmation,  arises  the  doctrine  that  a  subordi- 
nate Lodge  cannot,  even  by  unanimous  consent,  sus- 

*  "  Standard  form  of  by-laws,  intended  to  serve  as  a  guide  in  the  formation 
of  by-laws  for  Subordinate  Lodges,  and  subject  to  such  alterations,  not  Incon- 
sistent with  the  Constitution,  is  the  convenience  of  the  Lodges  may  dictate' 
—Proceed.  G.  L.  qf  N.  Y.  1858,  p.  172. 


UNDER  WARRANTS   OF   CONSTITUTION.  329 

pend  a  by-law.  As  there  is  no  error  more  commonly 
committed  than  this  by  unthinking  Masons,  who 
suppose  that  in  a  Lodge,  as  in  any  other  society,  a 
by-law  may  be  suspended  by  unanimous  consent,  it 
will  not  be  amiss  to  consider  the  question  with  some 
degree  of  care  and  attention. 

An  ordinary  society  makes  its  own  rules  and 
regulations,  independent  of  any  other  body,  subject 
to  no  revision,  and  requiring  no  approbation  out- 
side of  itself.  Its  own  members  are  the  sole  and 
supreme  judges  of  what  it  may  or  may  not  enact  for 
its  own  government.  Consequently,  as  the  mem- 
bers themselves  have  enacted  the  rule,  the  members 
themselves  may  unanimously  agree  to  suspend,  to 
amend,  or  to  abolish  it. 

But  a  Masonic  Lodge  presents  a  different  organi- 
zation. It  is  not  self-created  or  independent.  It 
derives  its  power,  and  indeed  its  very  existence, 
from  a  higher  body,  called  a  Grand  Lodge  which 
constitutes  the  supreme  tribunal  to  adjudicate  for 
it.  A  Masonic  Lodge  has  no  power  to  make  by- 
laws without  the  consent  of  the  Grand  Lodge,  in 
whose  jurisdiction  it  is  situated.  The  by-laws  of  a 
subordinate  Lodge  may  be  said  only  to  be  proposed 
by  the  Lodge,  as  they  are  not  operative  until  they 
have  been  submitted  to  the  Grand  Lodge,  and  ap- 
proved by  that  body.  Nor  can  any  subsequent 
alteration  of  any  of  them  take  place  unless  it  passes 
through  the  same  ordeal  *of  revision  and  approbation 
by  the  Grand  Lodge. 

Hence  it  is  evident  that  the  control  of  the  by- 


330        POWERS  OF  LODGES  WORKING 

laws,  rules  and  regulations  of  the  Lodge,  is  taken 
entirely  out  of  its  hands.  A  certain  law  has  been 
agreed  on,  we  will  say,  by  the  members.  It  is  sub- 
mitted to  the  Grand  Lodge  and  approved.  From 
that  moment  it  becomes  a  law  for  the  government 
of  that  Lodge,  and  cannot  be  repealed  without  the 
consent  of  the  Grand  Lodge.  So  far,  these  state- 
ments will  be  admitted  to  be  correct.  But  if  a 
Lodge  cannot  alter,  annul  or  repeal  such  law,  with- 
out the  consent  of  the  Grand  Lodge,  it  must  neces- 
sarily follow  that  it  cannot  suspend  it,  which  is,  for 
all  practical  purposes,  a  repeal  for  a  temporary 
period. 

I  will  suppose,  by  way  of  example,  t'hat  it  is  pro- 
posed to  suspend  the  by-law  which  requires  that  at 
the  annual  election  all  the  officers  shall  be  elected 
by  ballot,  so  as  to  enable  the  Lodge,  on  a  particular 
occasion,  to  vote  viva  voce.  Now,  this  law  must, 
of  course,  have  been  originally  submitted  to  the 
Grand  Lodge,  and  approved  by  that  body.  Such 
approbation  made  it  the  enactment  of  the  Grand 
Lodge.  It  had  thus  declared  that  in  that  particular 
Lodge  all  elections  for  officers  should  be  determined 
by  ballot.  The  regulation  became  imperative  on 
the  Lodge.  If  it  determined,  even  by  unanimous 
consent,  to  suspend  the  rule,  and  on  a  certain  oc- 
casion to  proceed  to  the  election  of  a  particular 
officer  by  acclamation  or  viva  voce,  then  the  Lodge 
was  abrogating  for  the  time  a  law  that  the  Grand 
Lodge  had  dsclared  was  binding  on  it,  and  estab- 
lishing in  its  place  a  new  one,  which  had  not  re 


UNDER   WARRANTS  OF   CONSTITUTION.  331 

ceived  the  approbation  of  the  supreme  tribunal. 
Such  a  rule  would  therefore,  for  want  of  this  con- 
firmation, be  inoperative.  It  would,  in  fact,  be  no 
rule  at  all,  or  worse,  it  would  be  a  rule  enacted  in 
opposition  to  the  will  of  the  Grand  Lodge.  This 
principle  applies,  of  course,  to  every  other  by-law, 
whether  trivial  or  important,  local  or  general  in  its 
character.  The  Lodge  can  touch  no  regulation 
after  the  decree  of  the  Grand  Lodge  for  its  con- 
firmation has  been  passed.  The  regulation  has  gone 
out  of  the  control  of  the  Lodge,  and  its  only  duty 
then  is  implicit  obedience.  Hence  it  follows  that 
it  is  not  competent  for  a  subordinate  Lodge,  even  by 
unanimous  consent,  to  suspend  any  of  its  by-laws. 

X.  A  Lodge  has  the  right  to  levy  a  tax  upon  its 
members.     Of  this  tax,  which  is  paid  under  the  name 
of  "  dues"  or  "  quarterage'7 — of  the  history  of  its 
origin,  and  of  the  obligation  of  a  Mason  to  pay  it — 
I  have  already  fully  treated  on  pages  194-195,  and 
shall  only  add,  that  while  I  reiterate  the  views 
there  expressed,  that  it  is  a  local  matter,  with  which 
Grand  Lodges  should  not  interfere  ;  yet  it  must  be 
admitted,  under  the  theory  advanced  in  the  preced- 
ing paragraphs  on  the   subject  of  by-laws,  that  a 
Grand  Lodge  has,  if  it  chooses,  an  unquestionable 
right  to  adopt  any  regulation  controlling  the  action 
of  its  subordinates,  in  respect  to  this  tax.     The  ex- 
pediency of  enacting  such  a  regulation,  and  the 
right  to  do  so,  are  two  very  different  things. 

XI.  A  Lodge  has  the  right  of  appeal  to  the  Grand 
Lodge  from  the  decision  of  its  Master,     The  doctrine 


332  POWERS   OP   LODGES   WORKING 

of  appeal  lies  at  the  very  foundation  of  the  demo- 
cratic character  of  the  Masonic  institution.  It  is 
secured  by  the  Landmarks  of  the  Order  ;*  and  so 
far  as  respects  the  right  of  appeal  of  an  individual 
Mason,  is  reiterated  in  the  Charges  approved  in 
1722. f  But  arguing  a  fortiori,  it  is  evident  that 
if  an  individual  has  the  right  of  appeal,  it  must 
also  be  vested  in  a  collective  body  of  individuals. 
Accordingly  it  is  admitted  to  be  settled  law,  that 
whenever  the  Master  of  the  Lodge  shall,  by  his  con- 
duct, impair  the  usefulness  or  destroy  the  harmony 
of  the  Lodge,  or  by  any  unjust  decision  violate  the 
rights  of  the  members,  the  Lodge  may  appeal  from 
his  injustice  and  oppression  to  the  Grand  Lodge.J 

XII.  A  Lodge  lias  the  right  to  exercise  penal  juris- 
diction over  its  own  members,  and  over  all  unaffiliated 
Masons  living  within  the  limits  of  its  jurisdiction. 
This  important  subject  of  the  penal  jurisdiction  of 
Lodges  will  be  more  appropriately  discussed  when 
we  come  to  the  consideration  of  Masonic  trials,  in 
a  subsequent  part  of  this  work. 

XIII.  A  Lodge  has  the  right  to  select  a  name  for 
itself.    This  is  apparently  a  very  unimportant  pre- 
rogative ;  still,  as  it  exists,  it  is  necessary  that  it 
should  be  enumerated.     The  Grand  Lodge  selects 
the  number,  because  it  is  by  this  that  the  Lodge  is 
to  be  recognized  in  the  registry  of  the  jurisdiction. 
But  the  choice  of  a  name  is  left  to  the  members, 

*  See  Landmark  13,  ante  p.  28.  f  See  ante  pp.  60  and  02. 

$  As  the  records  of  every  Grand  Lodge  contain  instances  in  which  thi.* 
•right  of  appeal  has  been  exercised,  it  will  be  unnecessary  to  cite  authorities 
here. 


UNDER  WARRANTS  OF   CONSTITUTION.  338 

This  right  is,  however,  subject  to  one  restriction, 
that  it  shall  be  approved  by  the  Grand  Lodge,* 
that  the  credit  of  the  fraternity  in  every  jurisdic- 
tion may  be  guarded  from  the  assumption  of  absurd 
or  inappropriate  designations  by  ignorant  brethren. 
Unless,  however,  there  is  something  very  palpably 
objectionable  in  the  name,  the  Grand  Lodge  will 
hardly  ever  interfere  with  its  selection.  For  the 
same  reason  no  name  can  be  changed  after  having 
been  once  adopted,  unless  with  the  consent  and  ap- 
probation of  the  Grand  Lodge'. t 

XI Y.  A  Lodge  lias  the  right  to  designate  and 
change  its  time  and  place  of  meeting.  As  the  regula- 
tion designating  the  time  of  meeting  is  always  in- 
serted in  the  by-laws,  it  is  evident  that  no  change 
can  be  made  with  respect  to  it,  except  with  the  ap- 
probation of  the  Grand  Lodge.  But  there  is  also 
another  restriction  on  this  subject  which  is  derived 
from  the  constant  usage  of  the  Order,  that  a  Lodge 
shall  statedly  meet  once  a  month  at  least.  There 
is  no  specific  regulation  on  this  subject ;  but  the 

*  The  Constitution  of  England  says  the  Grand  Master. 

t  While  on  this  subject  of  names,  it  may  be  remarked,  as  an  historical 
fact,  that  the  designation  of  Lodges  by  names  is  a  comparatively  modern 
practice.  Formerly  they  were  known  by  their  number,  and  the  place  at 
which  they  were  held.  Thus  we  find  in  the  JBook  of  Constitutions,  such  titles 
as  these  :  "  No.  9,  at  the  Kings'  Arms  in  New  Bond  Street,"  and  "  No.  19, 
at  the  Vine  in  Long  Acre,"  or  "  the  Turk's  Head  Lodge,  No.  67,"  and  "  the 
Kings'  Arms  Lodge,  No.  38,"  where  the  narres  are  simply  those  of  the 
taverns  at  which  the  Lodges  met.  Thus,  in  a  registry  of  one  hundred  and 
Bix  Lodges,  contained  in  the  second  edition  of  ANDERSON,  there  is  not  a 
single  one  which  has  any  other  designation  than  that  of  its  number,  and  the 
tavern  where  the  meetings  were  held.  In  America,  distinctive  names  bcgar 
to  be  given  at  a  much  earlier  period  than  in  England. 


334  POWERS   OF   LODGES  WORKING 

general  custom  of  the  fraternity,  from  the  beginning 
of  the  last  century,  has  made  it  obligatory  on  the 
Lodges  not  to  extend  the  interval  of  their  regular 
communications  beyond  that  period.  Besides,  the 
regulations  in  respect  to  the  applications  of  candi- 
dates for  initiation  or  membership,  which  require 
"  a  previous  notice  of  one  month/7  seem  to  infer 
that  that  was  the  length  of  time  which  intervened 
between  two  stated  meetings  of  the  Lodge.  In 
some  jurisdictions  it  is  frequently  the  case  that 
some  of  the  Lodges  meet  semi-monthly  ;  and  indeed 
instances  are  on  record  where  Lodges  meet  weekly. 
This  is  permissible,  but  in  such  cases  the  regulation 
in  relation  to  the  petitions  of  candidates  must  be 
strictly  interpreted  as  meaning  that  they  are  re- 
quired to  lie  over  for  one  month,  and  not  from  one 
regular  meeting  to  the  other,  which  in  such  Lodges 
would  only  amount  to  one  or  two  weeks. 

A  Lodge  has  also  the  right  to  designate  its  place 
of  meeting,  which,  being  confirmed  by  the  Grand 
Lodge,  is  inserted  in  the  warrant,  and  cannot  again 
be  changed,  except  with  the  consent  of  the  Grand 
Lodge.  This  refers,  of  course,  to  the  town  or  vil- 
lage in  which  the  Lodge  is  situated.*  But  unless 

*  "  A  Lodge  may  not  remove  its  place  of  meeting  from  the  city,  town  or 
village  named  in  its  warrant ;  nor  from  one  place  to  another  in  the  same  city, 
town  or  village,  except  by  a  concurrent  vote  of  two-thirds  of  the  members 
present,  at  a  meeting  to  be  appointed  by  the  summons  to  attend  such  meet- 
ing, stating  its  object,  and  which  summons  must  be  served  at  least  ten  daya 
previous  to  snch  meeting  ;  and  such  removal  from  the  city,  town  or  village, 
must  receive  the  sanction  of  the  Grand  Lodge  previous  thereto." — C(  nst.  G. 
L.  of  N.  Y.  §  20.  A  similar  regulation  prevails  in  almost  every  Grand 
Lodge  Constitution  in  the  United  States. 


UNDER   WARRANTS   OF   CONSTITUTION.  335 

there  be  a  local  regulation  in  the  constitution  of 
any  particular  Grand  Lodge  to  that  effect,  I  know 
of  no  principle  of  Masonic  law,  set  forth  in  the 
Ancient  Landmarks  or  Regulations,  which  forbids 
a  Lodge,  upon  the  mere  vote  of  the  majority,  froir 
removing  from  one  house  to  another  in  the  same 
town  or  city.  A  regulation  was  adopted  in  1724 
by  the  Grand  Lodge  of  England,  which  required 
notice  of  such  removal  to  be  given  to  the  Grand 
Secretary  ;*  and  thp  antiquity  of  this  law,  border- 
ing, as  it  does,  on  the  date  of  the  Regulations  of 
1721,  which  are  considered  to  be  of  general  author 
ity,  as  well  as  the  ordinary  principles  of  courtesy, 
would  make  it  obligatory  on  any  Lodge  to  observe 
it.  But  the  Regulations  adopted  in  1738,  on  the 
subject  of  removal,  which  particularly  define  the 
mode  in  which  such  removal  is  to  be  affected,  are 
of  no  authority  at  present  ;t  and  unless  the  Grand 
Lodge  of  any  particular  jurisdiction  has  adopted  a 
regulation  forbidding  the  removal  of  a  Lodge  from 
one  house  to  another,  without  its  consent,  I  know 
of  no  law  in  Masonry  of  universal  force  which 
would  prohibit  such  a  removal,  at  the  mere  option 
of  the  Lodge. 

Such  are  the  powers  and  prerogatives  of  a  Lodge  ; 
nor  is  it  to  be  supposed  that  prerogatives  so  numer- 
ous and  so  important  would  be  conferred  on  any 

*  See  Book  of  Constitutions,  ed.  1759,  p.  314. 

t  These  regulations  prescribed  that  the  Lodge  should  not  be  removed, 
except  with  the  Master's  concurrence,  or  by  a  vote  of  two-thirds  of  the  mem- 
bers, and  with  the  approbation  of  the  Grand  Master. 


336  POWERS   OF   LODGES,   ETC. 

association  without  the  implied  existence  of  exten- 
sive duties.  It  must,  therefore,  be  remembered  that 
as  the  Grand  Lodge  is  the  general  conservator  of 
the  Masonic  character  and  interests  in  the  whole 
territory  over  which  it  presides,  so  each  subordinate 
Lodge  is  equally  the  conservator  of  the  same  charac- 
ter and  interests  in  its  own  local  jurisdiction.  If, 
therefore,  a  Lodge  is  wise  in  its  selection  of  laws, 
and  strict  in  the  exercise  of  discipline — if  it  watches 
with  assiduity  over  the  Landmarks  of  the  Order, 
and  with  prudent  foresight  prevents  the  slightest 
attempt  at  an  innovation  on  them — if  its  members 
use  the  black  ball,  as  the  great  bulwark  of  Masonry, 
with  impartial  justice,  and  give,  in  their  own  con- 
duct, the  best  refutation  of  the  slanders  of  our 
enemies — then,  and  then  only— to  use  the  language 
of  our  ritual — will  "  the  honor,  glory  and  reputation 
of  the  institution  be  firmly  established,  and  the 
world  at  large  convinced  of  its  good  effects."  And 
to  effect  these  objects  is  the  great  duty  of  every 
subordinate  Lodge. 


CHAPTER   III. 
Officers   of  a 


HUTCHINSOIJ  very  properly  says,  that  in  our  insti- 
tution, some  must  of  necessity  rule  and  teach,  and 
others  learn  to  submit  and  obey.*  Indeed,  in  all 
well-regulated  associations,  there  exists  this  neces- 
sity of  a  government,  which  must  consist  of  author- 
ity on  the  one  part,  and  obedience  on  the  other. 
Hence  it  is  not  to  be  supposed  that  a  Lodge  of 
Masons,  which  its  disciples  claim  to  be  one  of  the 
most  perfect  of  human  institutions,  would  present 
an  organization  less  calculated  than  that  of  any 
other  society  to  insure  the  peace  and  harmony  on 
which  its  welfare  and  perpetuity  must  depend. 
Accordingly  a  Masonic  Lodge,  which  consists  of  a 
certain  number  of  members,  sufficient  to  carry  out 
the  design  of  the  institution,  and  yet  not  so  many 
as  to  create  confusion,  is  governed  by  officers,  to 
each  of  whom  a  particular  duty  is  assigned. 

The  number  and  the  names  of  the  officers  differ, 

*  "  A  Charge  by  the  R.  W.  Master  on  resigning  the  chair."  Preston 
subsequently  incorporated  the  sentiment,  and  even  the  words  in  his  Installa- 
tion service.  Our  modern  ritual  is  indebted  to  Ilutchinson  for  some  of  its 
best  portions. 

15 


338  OFFICERS   OF   A   LODGE. 

not  only  in  the  different  rites,  but  also  in  different 
jurisdictions  of  the  same  rite.  Thus  the  Grand 
Lodge  of  England  requires,  in  addition  to  the  officers 
usually  recognized  in  this  country,  another,  who  ia 
called  the  "  Inner  Guard,"  and  permits  the  appoint- 
ment of  a  Chaplain  and  Master  of  Ceremonies, 
officers  who  are  known  in  only  some  of  the  jurisdic- 
tions of  America.  The  Grand  Lodge  of  Scotland 
recognizes,  among  other  officers,  a  "  Depute  Master" 
and  a  "  Substitute  Master/7  and  there  are  a  variety 
of  titles  to  be  found  in  the  French"  and  German 
Lodges  which  are  not  used  in  the  York  rite. 

The  officers  most  usually  to  be  found  in  an 
American  Lodge  are  as  follows  : 

1.  WORSHIPFUL  MASTER. 

2.  SENIOR  WARDEN. 

3.  JUNIOR  WARDEN. 

4.  TREASURER. 

5.  SECRETARY. 

6.  SENIOR  DEACON. 

7.  JUNIOR  DEACON. 

8.  Two  STEWARDS. 

9.  TILER  * 

Of  these  officers,  the  Worshipful  Master,  the  two 
Wardens  and  the  Tiler,  are  essential  to  any  Lodge 
organization,  and  are  consequently  provided  for  by 
the  Landmarks.  The  other  offices  are  of  more  re- 
cent invention  j  but  we  have  no  knowledge  of  any 

*  There  is  a  Chaplain  also  in  many  Lodges ;  and  although  I  have  not 
placed  such  an  officer  in  this  list,  I  shall  appropriate  a  section  to  the  coi> 
sideration  of  his  functions. 


OFFICERS  OF  A  LODGE.  339 

period  at  which  Lodges  were  not  governed  by  a 
Master  and  two  Wardens,  and  their  portals  secured 
from  intrusion  by  the  vigilance  of  a  Tiler.*  Ac- 
cordingly, however  much  the  various  rites  and  juris- 
dictions may  differ  in  respect  to  the  names  and 
number  of  the  subordinate  officers,  they  all  agree  in 
requiring  the  four  just  named. 

It  is  a  law  of  Masonry  that  these  officers  should 
be  elected  annually.  All  offices  in  Masonry  are  held 
by  annual  tenure,  which  is  perhaps  derived  from  the 
fact  that  the  General  Assembly  of  the  craft  was 
anciently  held  annually.  This  election  must  also 
be  held  in  subordinate  Lodges  on  the  festival  of 
St.  John  the  Evangelist,  or  at  some  meeting  imme- 
diately previous  to  it.  It  will  be  seen  hereafter 
that  the  time  of  the  election  of  the  officers  of  a 
Grand  Lodge  varies  in  different  jurisdictions  ;  but 
I  do  not  know  of  any  country  in  which  the  election 
of  the  officers  of  a  subordinate  Lodge  is  made  at 
any  other  time  of  the  year  than  the  one  just  indi- 
cated. The  Masonic  year  always  and  everywhere 
begins  on  the  festival  of  St.  John  the  Evangelist,  or 
the  27th  of  December,  and  the  officers  commence 
the  discharge  of  their  functions  on  that  day.  The 
election  must  therefore  take  place  at  that  time,  or 
immediately  before  it,  and  if  by  any  cause  it  has 
been  neglected,  it  becomes  necessary  to  obtain  a 
dispensation  from  the  Grand  Master  for  holding 
one  on  a  subsequent  day.  The  authority  vested  in 
the  Lodge  by  the  warrant  of  constitution  is  tu 

*  See  Landmarks  10  and  11,  ante  D.  26. 


340  OFFICERS    OF   A   LODi*£. 

hold  the  election  on  the  legal  and  specified  day, 
and  if  it  is  held  afterwards,  as  no  power  to 
order  it  exists  in  the  Lodge,  the  authority  must  be 
supplied  by  the  dispensing  prerogative  of  the  Grand 
Master.* 

It  has  been  supposed  by  some  that  when  a  mem 
ber  has  been  elected  to  occupy  an  office,  he  canno 
refuse  to  obey  the  call  of  his  brethren  ;  and  Dr. 
Dalcho  expressly  lays  down  the  rule  that  "  no  Free- 
mason, chosen  into  any  office,  can  refuse  to  serve, 
(unless  he  has  before  filled  the  same  office,)  without 
incurring  the  penalties  established  by  the  by-laws. "f 
There  is  a  great  deal  of  looseness  in  this  enuncia- 
tion of  an  important  regulation  ;  for  we  are  of 
course  unable  to  say  to  what  particular  by-laws  he 
refers.  No  such  regulation  is  to  be  found  in  any 
of  the  Ancient  Constitutions,  and  if  contained  in 
the  by-laws  of  a  particular  Lodge,  it  is  certainly  con- 
trary to  the  voluntary  spirit  of  the  institution. 
Indeed;the  whole  tenor  of  the  lessons  we  are  taught 
in  Masonry  is,  that  no  one  should  accept  an  office 
unless  he  feels  that  he  is  fully  competent  to  discharge 
its  duties  ;  and  hence,  if  an  ignorant  and  unskillful 
brother  were  chosen  to  fill  the  office  of  a  Warden, 
it  should  rather  be  the  duty  of  the  Lodge,  in  further- 
ance of  the  principles  of  the  institution,  to  dis- 
courage his  acceptance  of  the  trust,  than  to  compe 
him,  by  the  threatened  infliction  of  a  penalty,  to 

*  The  nature  and  design  of  dispensations  will  be  hereafter  considered 
•yhen  I  come  to  speak  of  the  preroga  ives  of  a  Grand  Master, 
t  Ahiman  Rezon,  1822,  p.  156. 


OFFICERS  OP   A   LODGE.  341 

assume  a  position  whose  duties  he  was  convinced 
that  he  could  not  discharge. 

The  installation  of  the  officers  should  follow  as 
soon  as  possible  after  the  election.  The  installation 
is  the  commission  under  which  the  officer  elected  is 
entitled  to  assume  his  office  ;  and  by  ancient  usage  it 
is  held  that  the  old  officer  retains  the  office  until  his 
successor  is  installed.  Hence,  as  the  term  of  office 
begins  on  the  festival  of  St.  John  ths  Evangelist, 
it  is  evident  that  the  installation,  which  always  fol- 
lows the  election,  should  take  place  on  the  same 
day,  or  immediately  before  it.  If  it  has  been  un- 
avoidably postponed  until  after  that  day,  a  dispen- 
sation must  be  obtained  from  the  Grand  Officer  for 
performing  it  at  any  subsequent  period. 

An  office  terminates  in  Masonry  only  in  three 
ways — by  the  expiration  of  the  term,  by  death,  or  by 
expulsion.*  Suspension  does  not  vacate  an  office, 
but  simply  suspends  the  office-bearer  from  the  privi- 
lege of  discharging  the  duties  of  the  office,  and 
restoration  immediately  restores  him  to  the  enjoy- 
ment of  all  the  prerogatives  of  his  office. 

It  is  now  held  by  a  large  majority  of  authorities 
that  an  officer,  after  having  once  accepted  of  instal- 
lation, cannot  resign  the  office  to  which  he  has  beer 
elected.  And  this  seems  to  be  in  accordance  with 
reason  ;  for,  by  the  installation,  the  officer  promise? 
to  discharge  the  functions  of  the  office  for  the  con 

*  The  Grand  Lodge  of  New  York  (Const  1854,  §  39)  adds  resignation 
removal  beyond  the  jurisdiction  and  suspension.  I  have  assigned,  in  the  text 
the  reasons  why  I  -.annot  assent  to  this  doctrine.  ' 


342  OFFICERS   OF   A   LODGE. 

stitutional  period,  and  a  resignation  would  be  a 
violation  of  his  oath  of  office,  which  no  Lodge 
should  be  willing  to  sanction.  So,  too,  when  an 
officer  has  removed  from  the  jurisdiction,  although 
it  may  be  at  the  time  with  an  intention  never  to  re- 
turn, it  is  impossible,  in  the  uncertainty  of  human 
events,  to  say  how  far  that  intention  will  be  ful- 
filled, and  the  office  must  remain  vacant  until  the 
next  regular  period  of  election.  In  the  mean  time 
the  duties  are  to  be  discharged  by  the  temporary 
appointment,  by  the  Master,  of  a  substitute  ;  for. 
should  the  regularly  elected  and  installed  officer 
change  his  intention  and  return,  it  would  at  once 
become  not  only  his  privilege  but  his  duty  to  resume 
the  discharge  of  the  functions  of  his  office. 

In  the  case  of  any  of  the  offices,  except  those  of 
the  Master  or  Wardens,  deatli  or  expulsion,  which, 
it  will  be  remembered,  is  Masonic  death,  completely 
vacates  the  office,  and  an  election  may  be  held,  pro- 
vided a  dispensation  has  been  obtained  from  the 
Grand  Master  for  that  purpose.  But  this  rule  does 
not  refer  to  the  Master  or  Wardens  ;  for  it  is  now 
held  that  on  the  death  of  any  one  of  these,  the  in- 
ferior officer  assumes  the  duties  of  the  office ;  and 
no  election  can  be  held,  even  by  dispensation,  to 
supply  the  vacancy  until  the  regular  period.  But 
this  subject  will  be  more  fully  discussed  when  I 
come  to  the  consideration  of  the  duties  of  those 
respective  officers. 


WORSHIPFUL   MASTER. 

SECTION  I. 
THE  WORSHIPFUL  MASTER. 

In  the  whole  series  of  offices  recognized  by  the 
Masonic  institution,  there  is  not  one  more  important 
than  that  of  the  Master  of  a  Lodge.  Upon  the 
skill,  integrity  and  prudence  of  the  presiding  officer 
depend  the  usefulness  and  welfare  of  the  Lodge,  and 
as  Lodges  are  the  primary  assemblages  of  the  craft, 
and  by  representation  constitute  the  supreme  tri- 
bunal or  Grand  Lodge,  it  is  evident  that  the  errors 
of  government  in  the  primary  bodies  must,  if  not 
duly  corrected,  be  productive  of  evil  to  the  whole 
fraternity.  Hence,  in  the  ceremony  of  installation, 
it  was  required,  as  a  necessary  qualification  of  him 
who  was  proposed  to  the  Grand  Master  as  the  pre- 
siding officer  of  a  Lodge,  that  he  should  be  "  of  good 
morals,  of  great  skill,  true  and  trusty,  and  a  lover 
of  the  whole  fraternity,  wheresoever  dispersed  over 
the  face  of  the  earth."*  And  it  was  on  such  a 
recommendation  that  it  was  to  be  presumed  that  he 
would  "  discharge  the  duties  of  the  office  with 
fidelity." 

It  is  proper  that  such  stringent  qualifications 
should  be  required  of  one  whose  duties  are  so  exten- 
sive, and  whose  rights  and  prerogatives  are  so  su 
preme  as  those  of  the  Master  of  a  Lodge.  But 

*  Such  is  the  language  of  the  Installation  service  used  in  1723  by  the  Duke 
of  Wharton  See  the  first  edition  of  ANDERSON'S  Book  of  Constitutions 
page  71. 


344  WORSHIPFUL  MASTER. 

these  duties  and  prerogatives  are  so  numerous  and 
so  complicated  that  the  importance  of  the  subject 
requires  that  each  one  should  receive  a  separate 
consideration. 

1.  The  first  and  most  important  prerogative  of 
the  Master  is  to  preside  over  his  Lodge.  With  this 
prerogative  are  connected  many  correlative  duties, 
which  may  be  most  properly  discussed  at  the  same 
time. 

As  a  presiding  officer,  the  Master  is  possessed  of 
extraordinary  powers,  which  belong  to  the  presiding 
officer  of  no  other  association.  He  presides  over 
the  business,  as  well  as  the  work  or  Masonic  labors 
of  the  Lodge  ;  and  in  all  cases  his  decisions  on 
points  of  order  are  final,  for  it  is  a  settled  principle 
of  Masonic  law  that  no  appeal  can  be  taken  to  the 
Lodge  from  the  decision  of  the  Master.  The  Grand 
Lodge  alone  can  overrule  his  declared  opinion  on 
any  point  of  order.  But  this  subject  has  already 
been  fully  discussed  in  a  preceding  part  of  this 
work,  and  to  that  the  reader  is  referred.* 

The  Master  has  the  right  to  convene  his  Lodge 
at  any  time,  and  is  the  judge  of  any  emergency  that 
may  require  a  special  meeting. f  Without  his  con- 
sent, except  on  the  nights  of  the  stated  or  regular 
communications,  the  Lodge  cannot  be  congregated, 
and  therefore  any  business  transacted  at  a  called  or 

*  See  ante  p.  239. 

t  "  The  Master  of  a  particular  Lodge  has  the  right  and  authority  of  con- 
gregating the  members  of  his  Lodge  into  a  chapter  at  pleasure,  upon  any 
emergency  or  occurrence,  as  well  as  to  appoint  the  time  and  place  of  their 
usual  lumi-ng.'-' — Jieyulations  of  1721,  Reg..iL,  ANBEUSON,  p.  5ft. 


WORSHIPFUL  MASTER.  345 

special  communication,  without  his  sanction  or  con- 
sent, would  be  illegal  and  void. 

Even  at  the  regular  communications  of  the  Lodge, 
if  the  Master  I  e  present,  the  time  of  opening  is  left 
to  his  discretion,  for  no  one  can  take  from  the  Mas- 
ter his  prerogative  of  opening  the  Lodge.  But  if 
lie  be  absent  when  the  hour  of  opening  which  is 
specified  in  the  by-laws  has  arrived,  the  Senior 
Warden,  if  present,  and  if  not,  then  the  Junior  may 
open  the  Lodge,  and  the  business  transacted  will  be 
regular  and  legal,  even  without  the  Master's  sanc- 
tion ;  for  it  was  his  duty  to  be  present,  and  he  can- 
not take  advantage  of  his  own  remissnesa  of  duty  to 
interfere  with  the  business  of  the  Lodge.* 

The  selection  of  the  time  of  closing  is  also  vested 
in  the  Master.  He  is  the  sole  judge  of  the  proper 
period  at  which  the  labors  of  the  Lodge  should  be 
terminated,  and  may  suspend  business,  even  in  the 
middle  of  a  debate,  if  he  supposes  that  it  is  expe- 
dient co  close  the  Lodge.  Hence,  no  motion  for 
adjournment,  or  to  close,  or  to  call  off  from  labor  to 
refreshment,  can  ever  be  admitted  in  a  Masonic 

*  On  this  subject,  Bro.  J.  F.  TOWNSEND,  Deputy  Grand  Master  of  Ireland, 
makes  the  following  remarks  :  "  It  is  unfair  to  call  men  from  their  occupa- 
tions and  pursuits  without  good  reason  ;  and  the  goodness  of  the  reason 
must  be  left  to  the  Master's  decision.  Certainly  the  Secretary  has  no  right 
to  convoke  the  Lodge  on  emergency,  at  his  own  pleasure  ;  but  as  the  Master, 
as  well  as  all  the  members,  is  bound  by  the  by-laws,  which  also  provide  for  the 
regular  meetings,  the  Secretary  need  not  obtain  his  permission  to  issue  sum- 
monses for  them.  And  I  think  that  if  the  Master  were  to  die  or  be  expelled 
the  Wardens  might  convoke  the  Lodge,  since  there  would  then  be  no  Master, 
and  they,  as  well  as  he,  are  intrusted  with  the  government  of  it."  The  duly 

of  the  Master  in  the  government  of  a  Masonic  Lodge See  Americar 

Quart.  Rev.  of  Freemasonry,  vol.  i  p.  196. 


346  WORSHIPFUL  MASTER. 

Lodge.  Such  a  motion  would  be  an  interference 
with  the  prerogative  of  the  Master,  and  could  not 
therefore  be  entertained. 

This  prerogative  of  opening  and  closing  his 
Lodge  is  necessarily  vested  in  the  Master,  because, 
by  the  nature  of  our  in?titu4ion,  he  is  responsible  to 
the  Grand  Lodge  for  the  good  conduct  of  the  body 
over  which  he  presides.  He  is  charged,  in  those 
questions  to  which  he  is  required  to  give  his  assent 
at  his  installation,  to  hold  the  Landmarks  in  venera- 
tion, and  to  conform  to  every  edict  of  the  Grand 
Lodge  ;  and  for  any  violation  of  the  one  or  disobedi- 
ence of  the  other  by  the  Lodge,  in  his  presence,  he 
would  be  answerable  to  the  supreme  Masonic  au- 
thority. Hence  the  necessity  that  an  arbitrary 
power  should  be  conferred  upon  him,  by  the  exer- 
cise of  which  he  may  at  any  time  be  enabled  to 
prevent  the  adoption  of  resolutions,  or  the  commis- 
sion of  any  act  which  would  be  subversive  of,  or 
contrary  to,  those  ancient  laws  and  usages  which  he 
has  sworn  to  maintain  and  preserve. 

From  the  principle  that  the  Master,  when  present, 
must  always  preside  over  his  Lodge,  arises  the  rule 
that  a  Masonic  Lodge  can  never,  under  any  circum- 
stances, be  resolved  into  a  committee  of  the  whole. 
"  Committees  of  the  whole,"  says  Bro.  B.  B.  French, 
who  is  able  authority  on  the  Parliamentary  law  of 
Masonry,  "  are  utterly  out  of  place  in  a  Masonic 
body.  Lodges  can  only  do  business  with  the  Mas- 
ter in  the  chair  ;  for,  let  who  will  preside,  he  is, 
while  occupying  the  chair,  Master — invested  with 


WORSHIPFUL  MASTER.  347 

supreme  command,  and  emphatically  *  governs  the 
Lodge.7  Any  committee  presupposes  a  '  chairman, 
and  no  Freemason  would  feel  at  home  were  he  pro 
sided  over  by  a  *  chairman.'  This  single  fact  is 
conclusive  ;  and  yet,"  adds  Bro.  French,  "  I  have 
seen,  in  my  day,  a  Masonic  body  pretending  to  be 
in  committee  of  the  whole.  I  raised  my  voice 
against  it,  and  believe  I  convinced  my  brethren  that 
they  were  wrong."* 

2.  It  is  the  prerogative  of  the  Master,  with  his 
Wardens,  to  represent  his  Lodge  in  the  communica- 
tions of  the  Grand  Lodge.  Originally  the  whole 
craft  were  not  only  permitted  but  required  to  be 
present  at  the  General  Assembly,  which  was  an- 
nually held  ;t  and  every  member  of  a  Lodge  was  in 
this  way  a  member  of  that  body,  and  was  able,  by 
his  personal  presence,  to  protect  his  rights  and  those 
of  his  brethren.  But  soon  after  the  beginning  of 
the  last  century,  it  being  found  inconvenient  to  con- 
tinue such  large  assemblages  of  the  fraternity,  the 
Lodges  placed  their  rights  in  the  protecting  care  of 
their  Masters  and  Wardens,  and  the  Grand  Lodge 
has  ever  since  been  a  strictly  representative  body, 
consisting  of  the  Masters  and  Wardens  of  the  seve- 
ral Lodges  in  the  jurisdiction.^ 

*  Application  of  Parliamentary  law  to  the  government  of  Masonic  bodies. 
B.  B.  FRENCH. — Amer.  Quart.  E&o.  of  Freemasonry,  vol.  i.  p.  323. 

t  "  Every  Master  and  Fellow  shall  come  to  the  assembly,  if  it  be  withir. 
tifty  miles  of  him." — Ancient  Charges  at  Makings  ;  see  ante  p.  52. 

J  The  constitution  of  the  Masonic  Order  has  always  been  of  a  strictly  de- 
mocratic form.  At  first  it  was  the  pure  democracy  of  the  ancients,  in  which 
every  freenum  had  a  voice  in  the  government.  Now  it  has  assumed  th6 


348  WORSHIPFUL   MASTER. 

As  the  Grand  Lodge  is  the  supreme  tribunal  of 
the  jurisdiction — as  all  its  decisions  on  points  of 
Masonic  law  are  final — and  as  there  can  be  no  ap- 
peal from  its  judgments — it  is  evident  that  it  is 
highly  important  that  every  Lodge  should  be  repre- 
sented in  its  deliberations.  The  Master  and  Ward- 
ens become,  like  the  old  Roman  Consuls,  invested 
with  the  care  of  seeing  that  their  constituents  re- 
ceive no  detriment.  It  is  essential,  therefore,  that 
one  of  them  at  least,  and  the  Master  more  particu- 
larly, should  be  present  at  every  communication  of 
the  Grand  Lodge  ;  and  accordingly  the  observance 
of  this  duty  is  explicitly  inculcated  upon  the  Master 
at  his  installation  into  office.* 

3.  Another  prerogative  of  the  Master  of  a  Lodge 
is  that  of  controlling  the  admission  of  visitors.  He 
is  required  by  his  installation  charge  to  see  that  no 
visitors  be  received  without  passing  a  due  examina- 
tion and  producing  proper  vouchers  jt  and  this 
duty  he  cannot  perform  unless  the  right  of  judging 
of  the  nature  of  that  examination  and  of  those 
vouchers  be  solely  vested  in  himself,  and  the  dis- 
cretionary power  of  admission  or  rejection  be  placed 
in  his  hands.  The  Lodge  cannot,  therefore,  inter- 
modem  form,  in  which  the  power  of  legislation  is  delegated  to  responsible 
representatives. 

*  "  You  promise  regularly  to  attend  the  committees  and  communications 
of  the  Grand  Lodge,  on  reco'ving  proper  notice." — Ritual  of  Installation. 
PRESTON,  p.  74  ;  WEBB,  1  jf  12,  p.  97. 

f  "  You  agree  that  no  visitors  shall  be  received  into  the  Lodge,  without 
passing  under  due  examination,  and  producing  proper  vouchers  of  a  regulai 
initiation."-  -RHuaL  PKESTON,  p.  75  •  WEBB,  p.  98 


WORSHIPFUL   MASTEK.  349 

fere  with  this  prerogative,  nor  can  the  question  be 
put  to  it  whether  a  particular  visitor  shall  be  ad- 
mitted. The  Master  is,  in  all  such  cases,  the  sole 
judge,  without  appeal  from  his  decision.* 

4.  Coincident  with  this  power  of  admitting  or 
excluding  a  visitor  from  another  Lodge,  is  that  of 
refusing  or  consenting  to  the  admission  of  a  mem- 
ber. The  ritual  of  opening  expressly  says  that 
none  shall  "  pass  or  repass  but  such  as  are  duly 
qualified  and  have  the  Worshipful  Master's  permis- 
sion ;"  and  if  the  prerogative  of  refusing  admission 
to  a  brother  hailing  from  another  Lodge  is  vested 
solely  in  the  Master,  that  he  may  be  enabled,  by 
this  discretionary  power,  to  maintain  the  by-laws 
and  regulations  of  the  Order,  and  preserve  the  har- 
mofty  of  the  Lodge,  it  seems  evident  that  he  should 
be  possessed  of  equal  power  in  respect  to  his  own 
members,  because  it  may  happen  that  the  admission 
even  of  a  member  might  sometimes  create  discord, 
and  if  the  Master  is  aware  that  such  would  be  the 
result,  it  must  be  acknowledged  that  he  would  be 
but  exercising  his  duty  in  refusing  the  admission  of 
such  a  member.  But  as  this  prerogative  affects,  in 
no  slight  degree,  the  rights  of  membership,  which 
inure  to  every  Mason  who  has  signed  the  by-laws,  it 
should  be  exercised  with  great  caution  ;  "and  where 
a  member  has  been  unjustly,  or  without  sufficient 
cause,  deprived  of  the  right  of  visiting  his  own 
Lodge,  there  can  be  no  question  that  he  has  the 
right  of  preferring  charges  against  the  Master  in 

v  See  ante  p.  208,  where  this  subject  is  discussed. 


350  WORSHIPFUL  MASTER 

the  Grand  Lodge,  whose  duty  it  is  to  punish  every 
arbitrary  or  oppressive  exercise  of  prerogative. 

5.  It  is  the  prerogative  of  the  Master  to  take 
charge  of  the  warrant  of  constitution.     This  instru- 
ment, it  has  already  been  observed,  is  the  evidence 
of  the  legality  of  the  Lodge,  and  should  always  be 
placed  upon  the  Master's  pedestal  while  the  Lodge 
is  open.     During  the  recess  of  the  Lodge,  it  is  con- 
structively supposed  to  be  in  the  Master's  personal 
possession,  although,  for  the  sake  of  convenience 
and  safety,  it  is  most  generally  deposited  in  the 
Lodge  room.     The  Master  is,  however,  always  re- 
sponsible for  it,,  and  if  demanded  by  the  Grand 
Lodge,  it  is  of  him  that  the  demand  must  be  made, 
and  he  alone  is  responsible  for  its  production. .  In 
like  manner,  when  going  out  of  office,  he  must  de- 
liver it  to  his  successor,  who  is  to  retain  charge  of 
it  under  the  same  regulations  ;  for  the  Master  of 
the  Lodge  is  always  the  proper  custodian  of  the 
warrant  of  constitution. 

6.  The  appointing  power  constitutes  an  important 
prerogative  of  the  Master  of  a  Lodge.     In  England, 
he  appoints  all  the  officers,  except  the  Treasurer 
and  Tiler  ;  but  in  this  country  the  power  of  appoint- 
ment is  restricted  to  that  of  the  Senior  Deacon,  and 
in  some  Lodges,  of  the  Tiler.     As  the  Senior  Deacon 
is  the  proxy  of  the  Master  in  the  discharge  of  his 
duties,*  there  seems  to  be  a  peculiar  propriety  in 

*  *  It  is  your  province  to  attend  on  the  Master  and  Wardens,  and  to  ar' 
as  their  proxies  in  the  active  duties  of  the  Lodge."—  Charge  at  the  installo. 
tion  of  the  Deacons.  WEBB,  p.  104. 


WORSHIPFUL   MASTER.  351 

placinf  the  selection  of  that  officer  in  his  hands,  and 
for  a  similar  reason,  it  is  advisable  that  he  should 
also  have  the  appointment  of  the  Tiler. 

The  Master  has  also  the  prerogative  of  appointing 
all  special  committees,  and  is  entitled  to  be  present 
at  their  meetings,  and  when  present,  to  act  as  chair- 
man. This  usage  seems  to  be  derived  from  the 
principle  that  wherever  Masons  congregate  together 
on  Masonic  business,  the  Master  is  entitled  to 
govern  them  and  to  direct  their  labors.* 

The  Master  of  the  Lodge  has  also  the  right,  dur- 
ing the  temporary  absence  of  any  officer,  to  appoint 
a  substitute  for  the  meeting.  It  has  been  supposed 
by  some  that  this  power  of  appointment  is  restricted 
to  the  elective  officers,  and  that  during  the  absence 
of  the  Junior  Deacon,  the  Junior  pro  tempore  must 
be  appointed  by  the  Senior  Warden  ;  and  in  like 
mariner,  during  the  absence  of  any  one  of  the 
Stewards,  the  substitute  must  be  appointed  by  the 
Junior  Warden.  And  this  opinion  is  founded  on 
the  doctrine  that  as  the  permanent  Junior  Deacon 
and  Stewards  are  respectively  appointed  by  the 
Senior  and  Junior  Wardens,  their  temporary  substi- 
tutes must  be  appointed  by  the  same  officers  ;  but 
if  this  argument  were  good,  then,  as  the  Wardens 
themselves  are  elected  by  the  Lodge,  it  would  fol- 
low, by  a  parity  of  reasoning,  that  in  the  absence 
of  either  of  these  officers,  the  substitute  could  not 
be  appointed  by  the  Master,  but  must  be  elected  by 
the  Lodge.  In  case  of  the  death  of  a  Junior  Deacon. 

*  See  ANDERSON  first  edition,  p.  52. 


352  WORSHIPFUL   MASTER. 

where  a  dispensation  for  the  appointment  of  a  new 
one  has  been  granted,  it  is  evident  that  that  appoint- 
ment would  vest  in  the  Senior  Warden  ;  but  all 
temporary  appointments  are  exclusively  made  by 
the  Worshipful  Master,  for  the  appointing  power  is 
one  of  his  prerogatives. 

7.  The  Master  has  one  vote  in  all  questions,  as 
every  other  member,  and,  in  addition,  a  casting 
vote,  if  there  be  a  tie.     This  usage,  which  is  very 
general,  owes  its  existence,  in  all  probability,  to  the 
fact  that  a  similar  privilege  is,  by  the  Regulations 
of  1721,  enjoyed  by  the  Grand  Master  in  the  Grand 
Lodge.     I  cannot,  however,  find  a  written  sanction 
for  the  usage  in  any  of  the  Ancient  Constitutions, 
and  am  not  prepared  to  say  that  the  Master  pos- 
sesses it  by  inherent  right.     The  local  regulations 
of  some  jurisdictions  explicitly  recognize  the  prero- 
gative, while  others  are  silent  on  the  subject.     I 
know  of  none  that  denies  it  in  express  words.     I  am 
disposed  to  believe  that  it  has  the  authority  of 
ancient  usage,  and  confess  that  I  am  partial  to  it,  on 
mere  grounds  of  expediency,  while  the  analogy  of 
the  Grand  Master's  similar  prerogative  gives  it  a 
show  of  authority. 

8.  No  one  is  eligible  to  election  as  the  Master  of 
a  Lodge,  unless  he   has  previously  served  in  the 
office  of  Warden.     The  authority  for  this  doctrine 
is  to  be  found  in  the  Charges  approved  in  1722, 
which  say  that  no  one  can  be  a  Master  "  until  he 
has  acted  as  a  Warden."    It  does  not  seem  to  be 
necessary  that  the  Master  elect  should  have  served 


WORSHIPFUL   MASTER.  353 

in  tlie  capacity  of  a  Warden,  in  the  Lodge  over 
which  he  is  called  to  preside.  The  fact  of  having 
once  tiled  a  Warden's  chair  in  any  other  Lodge 
will  meet  all  the  requisitions  of  the  law  ;*  for  it  is 
a  settled  principle  that  when  a  brother  affiliates  in 
a  new  Lodge,  he  carries  with  him  all  the  official 
rights  which  he  had  previously  possessed  in  the 
Lodge  to  which  he  formerly  belonged.  If  he  was  a 
Past  Master  or  a  Past  Warden  in  the  one,  he  re- 
tains in  the  other  all  the  prerogatives  which  were 
acquired  by  such  a  position. 

There  are  two  exceptions  to  the  rule  requiring 
preparatory  service  in  a  Wardenship,  in  which  a 
Mason  may  be  elected  to  the  office  of  Master,  with- 
out having  previously  passed  through  that  of  a 
Warden.  The  first  of  these  is  in  the  case  of  a  new 
Lodge,  which  has  just  received  a  warrant  of  consti- 
tution from  the  Grand  Lodge,  and  in  which  the 
officers  are,  for  the  first  time,  to  be  installed.  Here 
it  is  not  considered  necessary  that  the  new  Master 
should  have  previously  served  as  a  Warden.  The 
second  case  is  where,  even  in  an  old  Lodge,  neither 
of  the  Wardens,  nor  any  one  who  has  previously 
filled  the  office  of  Master  or  Warden,  will  consent 
to  serve  as  presiding  officer.  As  this  is  strictly  a 
case  of  emergency,  in  which  the  usage  must  be  ne- 
glected, or  the  Lodge  cease  to  act  for  want  of  a 

*  In  the  second  edition  of  thvi  Constitutions,  published  in  1738,  by  ANDER- 
SON, in  which  he  very  materially  altered  the  phraseology  of  these  Charges 
from  that  contained  in  the  edition  of  1723,  he  expressly  states  this  principle 
by  the  addition  of  a  sing'e  but  important  word.  His  language  is  :  "  till  he 
has  acted  as  Warden  someichttre." — Second  edit.,  p.  1-J5. 


354  WOKSHIPFUL  MASTEK. 

Master,  it  Las  been  thought  advisable  to  permit  the 
Lodge,  uuder  such  circumstances,  to  elect  a  Master 
from  the  floor.  But  as  this  is  an  infringement  of 
the  regulations,  it  is  necessary  that  the  Grand  Mas- 
ter should,  legalize  the  act  by  issuing  his  dispensa- 
tion to  authorize  the  irregularity.* 

9.  The  Master  is  eligible  to  re-election  as  often 
as  the  Lodge  may  choose  to  confer  that  honor  on 
him.     This  is  the  invariable  usage  of  this  country, 
and  I  refer  to  it  only  because  in  England  a  different 
rule  prevails.     There    the    Master,   after  having 
served  for  two  years,  is  ineligible  to  office  until 
after  the  expiration  of  a  year,  except  by  dispensa- 
tion •  but  no  such  regulation  has  ever  existed,  at 
least  within  my  recollection,  in  America, 

10.  It  is  the  prerogative  of  the  Master  of  a  Lodge 
to  receive  from  his  predecessor  the  Past  Master's 
degree  at  the  time  of  his  installation.     The  subject 
of  this  degree  has  already  been  so  fully  discussed  in 
the  appropriate  place,  that  nothing  now  remains  to 
be  considered,  except  the  very  important  question 
whether  it  is  essential  that  the  Master  elect  should 
be  invested  with  the  degree  of  Past  Master  before 
he  can  exercise  the  functions  of  his  office. 

In  the  discussion  of  this  question,  it  must  be  borne 

*  ANDERSON,  in  his  edition  of  1738,  alludes  to  both  these  cases  ;  for,  after 
stating  the  general  law,  he  says  :  "  except  in  extraordinary  cases,  or  when 
a  Lodge  is  to  be  formed  where  none  such  can  be  had  ;  for  then  three  Master 
Masons,  though  never  Masters  or  Wardens  of  Lodges  before,  may  be  consti- 
tuted Master  and  Wardens  of  that  new  Lodge"— p.  145.  Whatever  may  be 
said  of  the  authority  of  this  second  edition  this  at  least  shows  what  was  the 
usage  in  1738. 


WORSHIPFUL   MASTER.  355 

in  mind  that  the  degree  of  Past  Master  constitutes 
a  specified  part  of  the  ceremony  of  installation  of 
the  elected  Master  of  a  Lodge.  No  Master  is 
deemed  to  be  regularly  installed  until  he  has  re- 
ceived the  degree.  This  is  the  ceremony  which  in 
England,  and  sometimes  in  this  country,  is  called 
"  passing  the  chair."  The  earliest  written  authori- 
ties always  refer  to  it.  Anderson  alludes  to  it,  in 
all  probability,  in  his  description  of  the  Duke  of 
Wharton's  method  of  constituting  a  Lodge ;  Pres- 
ton says  distinctly  that  the  new  Master  is  "  to  be 
conducted  into  an  adjacent  room,  where  he  is  regu- 
larly installed  ;"  and  Oliver,  commenting  on  this 
passage,  adds,  that  "  this  part  of  the  ceremony  can 
only  be  orally  communicated,  nor  can  any  but  in- 
stalled Masters  be  present."* 

This  portion  of  the  installing  ceremony  consti- 
tutes the  conferring  of  the  Past  Master's  degree, 
It  is,  in  fact,  the  most  important  and  essential  part 
of  the  installation  service  ;  but  the  law  of  Masonry 
prescribes  that  no  one  shall  exercise  the  preroga- 
tives of  the  office  to  which  he  has  been  elected,  until 
he  has  been  regularly  installed.  Now,  if  the  con- 
ferring of  the  Past  Master's  degree  composes  a 
necessary  part  of  the  ceremony  of  installation — and 
of  this  it  seems  to  me  that  there  can  be  no  doubt — 
then  it  follows,  as  a  natural  deduction,  that  until 
the  Master  elect  has  received  that  degree,  he  has  no 
right  to  preside  over  his  Lodge.  This  decision, 
however,  of  course  does  not  apply  to  the  Master  of 

*  PRESTON,  Oliver's  ed.  p.  7fi. 


356  WORSHIPFUL  MASTER. 

a  Loige  under  dispensation,  who,  as  the  special 
proxy  of  the  Grand  M.aster,  and  deriving  all  his 
powers  immediately  from  that  high  officer,  as  well 
as  exercising  them  only  for  a  specific  purpose,  is 
exonerated  from  the  operation  of  the  rule.  Nor 
is  it  requisite  that  the  degree  should  be  a  second 
time  conferred  on  a  Master  who  has  been  re- 
elected,  and  who  at  his  previous  installation  had 
received  it,  although  a  number  of  years  may  have 
elapsed.  When  once  conferred,  its  effects  are  for 
life. 

Now,  as  it  is  the  duty  of  every  Mason  to  oppose 
the  exercise  by  any  person  of  the  functions  and  pre- 
rogatives of  an  office  until  he  has  been  legally  in- 
stalled, the  question  here  suggests  itself,  how  shall 
a  Master  Mason,  not  being  himself  in  possession  of 
the  degree,  know  when  it  has  not  been  conferred 
upon  a  Master  elect  ?  To  this  the  reply  is,  that  if 
the  elected  Master  attempts  to  assume  the  chair, 
without  having  undergone  any  semblance  of  an  in- 
stallation, the  greater  part  of  which,  it  will  be  re- 
collected, is  performed  before  the  members  of  the 
Lodge,  it  must  follow  that  he  cannot  have  received 
the  Past  Master's  degree,  which  constitutes  a  part 
of  the  ceremony  of  installation.  But  if  he  has  been 
installed,  no  matter  how  carelessly  or  incorrectly,  it 
is  to  be  presumed  that  the  degree  has  been  confer- 
red and  the  installation  completed,  unless  positive 
evidence  be  furnished  that  it  has  not,  because  in 
Masonry  as  in  law,  the  maxim  holds  good  that 
"  all  things  shall  be  presumed  to  have  been  done 


WORSHIPFUL  MASTER.  357 

legally  and  according  to  form  until  the  contrary  be 
proved."* 

11.  The  last  prerogative  of  a  Master  of  a  Lodge 
to  which  I  shall  allude  is  that  of  exemption  from 
trial  by  his  Lodge,  on  charges  preferred  against 
him.  The  Grand  Lodge  alone  has  any  penal  juris- 
diction'over  him.  There  is  now,  I  believe,  no  doubt 
of  the  correctness  of  this  decision,  although  the 
reason  assigned  for  it  is  not,  in  my  opinion,  the  cor- 
rect one.  The  incompetency  of  a  Lodge  to  try  its 
Master,  and  his  right  to  trial  by  the  Grand  Lodge 
only,  is  generally  based  on  the  legal  axiom  that 
every  man  is  entitled  to  a  trial  by  his  peers. t  But 
how  are  we  to  apply  this  axiom  to  the  case  of  the 
Master  of  a  Lodge  ?  Is  he  entitled  to  trial  by  the 
Grand  Lodge  because  he  is  a  member  of  that  body  ? 
He  derives  this  membership  from  his  representative 
position  only,  and  that  representative  position  he 
shares  with  the  two  "Wardens,  who  are  equally 
members  of  the  Grand  Lodge,  and  who,  if  the 
principle  were  legitimately  carried  out,  would  be 
equally  entitled  to  trial  by  the  Grand  Lodge,  as 

*  Omniapraesumuntur  legitime  facta  donee  probetur  in  ccntrarium.  "Where 
acts  are  of  an  official  nature,"  says  BROOM,  (Leg.  Max.  729)  "  or  require 
the  concurrence  of  official  persons,  a  presumption  arises  in  favor  of  their 
due  execution."  This  is  peculiarly  applicable  to  the  point  discussed  in  tie 
text. 

t  Thus  the  Constitution  of  the  Grand  Lodge  of  New  York  says  :  "  Every 
Mason  must  be  tried  by  his  peers,  and  hence  the  Master  cannot  be  tried  by 
his  Lodge."— §  8,  s.  21.  But  if  this  be  true,  the  Master  can  only  be  tried  by 
a  convention  of  Masters  ;  for  neither  Past  Masters  nor  Wardens,  who  assist 
in  composing  the  Grand  Lodge,  are  his  peers,  in  an  official  sense — the  onty 
one  iii  which,  I  suppose,  the  word  can  with  any  propriety  be  used. 


358  WORSHIPFUL   MASTER. 

their  peers.  We  must  look,  therefore,  somewhere 
else  for  the  cause  of  this  peculiar  privilege  enjoyed 
by  Masters,  and  Masters  alone,  for  Wardens  are 
amenable  to  trial  in  their  Lodges.  We  shall  find 
it  then  in  the  peculiar  relation  existing  between  the 
Master  and  his  Lodge — a  relation  which  no  other 
officer  or  member  occupies.  Under  no  circumstances 
whatever  can  he  be  deprived  of  his  right,  when 
present,  to  preside  over  his  Lodge ;  and  whenever 
the  Lodge  is  exercising  judicial  functions,  and  is 
engaged  in  the  trial  of  an  accused  member,  the 
Master,  virtute  officii,  becomes  the  presiding  Judge. 
No  one  can  deprive  him  of  this  position  ;  he  has,  in 
fact,  no  right  to  yield  it  to  any  other,  for  he  alone 
is  responsible  to  the  Grand  Lodge  that  the  Lodge 
shall,  in  the  transaction  of  such  grave  business,  con- 
fine itself  within  the  limits  of  law  and  equity. 
Now,  if  he  were  himself  on  trial,  his  presence  would 
be  necessary.  Being  present,  he  would  have  to  as- 
sume the  chair,  and  thus  the  anomalous  spectacle 
would  be  presented  of  a  Judge  presiding  in  his  own 
trial.  Such  a  spectacle  would  be  shocking  to  our 
sense  of  justice,  and  could  not  for  a  moment  be  per- 
mitted.* And  yet,  if  the  Master  is  to  be  tried  by 
his  own  Lodge,  there  is  no  possible  way  of  avoiding 
it.  On  this  account  alone,  therefore,  it  was  neces- 
sary to  find  some  other  tribunal  which  should  act  as 

*  "  It  is  a  fundamental  rule  in  the  administration  of  justice  that  a  persor 
cannot  be  judge  in  a  cause  wherein  he  is  interested.'' — BROOM,  Legal 
Maxims,  p.  84.  This  is  precisely  the  rule  which  prevents  the  trial  of  a  Mas 
ter  by  his  Lodge.  Nemo  debet  esse  judex  in  propiia  stta  causa,  says  the 
maxim  of  law. 


WORSHIPFUL  MASTER.  359 

a  court  in  the  trial  of  a  Master,  and  the  Grand 
Lodge  Eseems  in  all  respects  to  be  the  most  appro- 
priate. This  body  has  therefore  been  selected  as 
the  proper  court  for  the  trial  of  Masters,  not  be- 
cause it  is  composed  of  the  peers  of  these  officers — • 
for  this  it  is  not,  as  ma'ny  of  its  members  are  only 
Wardens — but  because  it  is  not  practicable  to  try 
them  anywhere  else. 

But  it  will  sometimes  happen  that  the  offences  of 
the  Master  are  of  such  a  nature  as  to  require  imme- 
diate action,  to  protect  the  character  of  the  insti- 
tution and  to  preserve  the  harmony  of  the  Lodge. 
The  Grand  Lodge  may  not  be  in  session,  and  will 
not  be  for  some  months,  and  in  the  mean  time  the 
Order  is  to  be  protected  from  the  evil  effects  that 
would  arise  from  the  continuance  of  a  bad  Master 
in  office.  The  remedy  provided  by  the  usages  of 
the  institution  for  such  an  evil  are  of  a  summary 
nature.  The  Grand  Master  is,  in  an  extraordinary 
case  like  this,  invested  with  extraordinary  powers, 
and  may  suspend  the  Master  from  office  until  the 
next  communication  of  the  Grand  Lodge,  when  he 
will  be  subjected  to  a  trial.  In  the  mean  time  the 
Senior  Warden  will  assume  the  office  and  discharge 
the  functions  of  the  Master.*  In  New  York,  the 

*  Thus  the  Com.  of  For.  Corres.  of  the  Grand  Lodge  of  Tennessee,  in  1845, 
said  :  "  The  proper  course  to  be  pursued  when  a  Master  so  far  forgets  the 
dignity  of  his  office,  and  the  duties  he  owes  to  himself  and  the  brethren,  is  to 
petition  the  Grand  Master  for  a  suspension  of  the  offending  Master  from 
office,  nntil  the  next  meeting  of  the  Grand  Lodge,  when  charges  may  be  pre- 
ferred, and  such  punishment  inflicted  as  the  heinousness  of  the  offence  shall 
merit.  In  this  case  the  functions  and  duties  of  the  Master  devolve  upon  the 


360  WORSHIPFUL   MASTER. 

Grand  Master  immediately  appoints  in  such  a  case 
a  commission  of  seven,  who  must  be  not  lower  in 
rank  than  Wardens,  and  who  try  the  question  and 
make  up  their  decision,  which  is  final,  unless  an  ap- 
peal is  taken  from  it,  within  six  months,  to  the 
Grand  Lodge.*  This,  however,  is  a  local  regula- 
tion, and  where  it,  or  some  other  satisfactory  mode 
of  action  is  not  prescribed  by  the  Constitution  of  a 
Grand  Lodge,  the  Grand  Master  may  exert  his  pre- 
rogative of  suspension  under  the  general  usage  or 
common  law  of  Masonry. 

Invested  with  such  important  prerogatives,  it  is 
to  be  expected  that  the  qualifications  required  of 
such  an  officer  must  be  in  a  corresponding  degree. 
The  Master  of  a  Lodge  is,  in  fact,  he  who,  as  his 
Latin  name  Magister  imports,  shoulcl  have,  more 
than  others,  magis  quam  cwteris,  the  care  and  con- 
trol of  those  over  whom  he  has  been  placed,  and 
who,  with  more  of  power,  should  also  be  distin- 
guished by  more  of  virtue  and  more  of  wisdom  than 
his  brethren.  "  Those,"  says  Festus,  "  are  called 
Masters  upon  whom  the  chief  care  of  things  de- 
volves, and  who,  more  than  the  others,  should  exer- 
cise diligence  and  solicitude  in  the  matters  over 
which  they  preside." 

The   proper   qualifications  of  the   Master   of  a 

next  succeeding  officer,  the  Senior  Warden,  until  the  accused  shall  be  brought 
to  trial,  and  acquitted  or  condemned."  This  is  perhaps  the  highest  preroga- 
tive that  the  Grand  Master  possesses,  and  I  need  scarcely  say  that  it  should 
be  exercised  with  the  utmost  caution,  and  resorted  to  orJy  with  great 
reluctance. 
*  Const.  G.  L.  of  New  York,  §  54. 


WORSHIPFUL  MASTER.  361 

Lodge  are  laid  down  in  the  installation  service  as 
follows  :  He  is  required  to  be  "  of  good  morals,  of 
great  skill,  true  and  trusty,  and  a  lover  of  the  whole 
fraternity."  There  is  much  significance  in  this 
language  :  it  portrays  the  qualifications  of  a  Master 
under  the  three-fold  heads  of  moral,  intellectual, 
and  social. 

He  is  required,  in  the  first  place,  to  be  "  of  good 
morals.'7  The  teacher  of  the  principles  of  virtue 
and  morality,  which  it  is  the  design  of  Freemasonry 
to  inculcate,  should  himself  be,  if  not  an  admirable 
pattern,  at  least  not  a  notorious  transgressor  of 
those  principles  ;  for,  as  a  distinguished  member  of 
the  craft  (Dr.  Townsend,  the  Deputy  Grand  Master 
of  Ireland,)  has  remarked:  "The  most  elegant 
homily  against  those  vices  for  which  the  preacher  is 
distinguished,  falls  dead  upon  the  ear  ;  the  most 
graceful  eulogy  of  virtue  is  but  disgusting  in  the 
lips  of  a  man  whose  conduct  gives  the  lie  direct  to 
his  words  ;  but  he  who  teaches  good  by  example, 
will  ever  be  listened  to  with  respect."* 

But  the  Master  is  not  only  a  teacher  of  his 
brethren,  but  he  is  their  representative  to  the  world, 
and  it  becomes  peculiarly  his  duty,  by  his  own 
exemplary  conduct,  to  impress  the  world  at  large 
with  a  favorable  opinion  of  the  institution  in  which 
he  holds  so  high  a  position,  and  of  which  his  own 
exemplary  or  unworthy  conduct  will  be  considered 

*  Lecture  on  the  duty  of  the  Master.— Am.  Quart.  Rev,  of  Freemasonry t 
vol.  i.  p.  202.    Thus,  too,  Aristotle  says,  "  he  who  is  to  govern  (the  «/) 
must  be  perfect  in  (fjdiKa  apery)  moral  virtue."— Pol.  lib.  i.  cap.  xiii. 

16 


362  WORSHIPFUL   MISTER. 

by  the  uninitiated  as  a  fair  exponent.  Mankind 
will  very  naturally  presume  that  the  members  of  a 
moral  institution  would  hardly  confer  so  important 
a  trust  upon  an  immoral  or  licentious  brother,  and 
they  will  judge  of  the  nature  and  character  of  the 
Lodge  by  the  behavior  of  its  presiding  officer. 

Intellectually,  he  must  be  "  of  great  skill."  Much 
stress  is  thus  laid  upon  the  mental  qualifications. 
He  who  desires  to  be  the  Master  of  a  Masonic 
Lodge,  must  not  be  satisfied  with  a  moderate  share 
of  skill.  His  knowledge  and  attainments  must  be 
great.  If  he  proposes  to  be  a  teacher,  he  must 
thoroughly  comprehend  the  subject  which  he  in* 
tends  to  teach,  and  by  the  fluency  and  readiness 
which  education  gives,  be  capable  of  communicating 
his  instructions  in  a  pleasing  and  impressive  manner. 
"A  man  of  education  and  talents,"  says  Dalcho, 
"  will  elucidate  with  admirable  beauty,  perspicuity 
and  interest,  the  origin  and  progress  of  the  arts  in 
different  ages,  the  development  of  genius  in  the 
organization  of  our  Order,  and  the  adaptation  of  the 

system  to  the  wants  and  happiness  of  man 

He  will,  in  short,  speak  upon  literary  and  scientific 
subjects  as  a  Master ;  he  will  understand  what  he 
professes  to  teach,  and  consequently  he  will  make 
himself  understood  by  others.  All  will  listen  to 
him  with  delight,  and  all  will  be  benefited  by  hia 
instructions."*  This  passage  was  written  nearly 
half  a  century  ago,  and  since  then  the  developments 
of  the  Masonic  system  in  this  country  have  required 

,  1322,  p.  56. 


WORSHIPFUL  MASTER.  363 

a  still  greater  amount  of  intellectual  qualification 
than  has  been  described  by  Dalcho.  An  educated 
man,  however  well  skilled  in  general  literature  and 
science,  will  make  an  incompetent  Master  of  a  Lodge, 
if  he  does  not  devote  his  attention  to  the  peculiar 
science  of  our  Order.  If  Masonry  be,  as  it  is  de- 
fined, "a  science  of  morality,  clothed  in  allegory 
and  illustrated  by  symbols,"  it  is  evident  that  a  suc- 
cessful teacher  (and  the  Master  is,  in  an  emphatic 
sense,  a  teacher)  must  qualify  himself  by  a  diligent 
investigation  of  these  symbols  and,  allegories — the 
myths  and  legends  of  Masonry — their  mystical  ap- 
plication, and  the  whole  design  of  the  institution 
in  this,  its  most  important  feature,  must  constitute 
his  study. 

Socially,  that  is,  as  a  member  and  officer  of  a 
peculiar  society,  exclusive  in  its  character,  he  must 
be  "  true  and  trusty,  and  a  lover  of  the  whole  fra- 
ternity." Each  of  these  indicates  a  particular 
quality  ;  his  truth  and  fidelity  will  secure  his  obedi- 
ence to  all  the  regulations  of  the  Order — his  observ- 
ance of  its  Landmarks  and  ancient  usages — his 
opposition  to  all  unwarrantable  innovations.  They 
will  not  only  induce  him  to  declare  at  his  installa- 
tion, but  to  support  his  declaration  during  his  whole 
term  of  office,  that  "it  is  not  in  the  power  of  any 
man  or  body  of  men  to  make  innovations  in  the 
body  of  Masonry."  They  are  his  guarantee  that  he 
will  not  violate  the  promises  he  has  made  of  fidelity 
and  obedience  to  the  constituted  authorities  of  the 
Order. 


364:  WCRSHIPFUL  MASTER. 

His  love  of  the  fraternity  will  be  an  evidence  of 
his  zeal  and  fervency  in  the  cause — of  his  disposi- 
tion to  cultivate  all  the  benign  principles  of  the 
institution,  and  to  extend  its  blessings  in  every 
unobjectionable  way.  Where  there  is  love,  there 
must  be  reasonable  service,  and  affection  for  the 
brethren  will  show  its  results  in  devotion  to  the 
association  of  which  these  brethren  form  a  compo- 
nent part. 

But,  besides  these,  there  are  other  qualifications 
necessary  to  the  Master  of  a  Lodge,  not  so  much  as 
a  teacher  of  Masonry,  as  in  his  capacity  as  a  presid- 
ing officer.  He  should  rule  his  brethren  with  love, 
rather  than  with  force.  He  should  exercise  firmness 
with  moderation  j  cultivate  a  spirit  of  conciliation  ; 
learn  to  subdue  by  mildness  and  urbanity  the  irri- 
tations which  will  too  often  arise  in  an  angry  de- 
bate ;  and  in  the  decision  of  every  question  which  is 
brought  before  him,  seek  rather  to  establish  the  cor- 
rectness of  his  judgment  by  the  persuasions  of  reason 
than  to  claim  obedience  by  the  force  of  authority 
The  office  of  a  Master  is  one  which  should  not  too 
readily  be  sought,  for  its  functions  are  not  easily 
discharged. 

The  Succession  to  the  Chair. — This  is  perhaps  the 
most  appropriate  time  to  discuss  the  important 
question  of  the  succession  to  the  chair — that  is,  to 
inquire  upon  whom  the  functions  and  authority  of 
the  presiding  officer  devolve,  at  the  death,  expulsion, 
or  absence  of  the  Master  of  the  Lodge. 

Two  principles  seem  now  to  be  very  generally 


WORSHIPFUL  MASTER.  365 

admitted  by  the  authorities  on  Masonic  law,  in  con- 
nection with  this  subject. 

1.  That  in  the  temporary  or  permanent  absence 
of  the  Master,  the  Senior  Warden,  or,  in  his  ab- 
sence, the  Junior,  succeeds  to  the  chair. 

2.  That  on  the  permanent  removal  of  the  Master 
by  death  or  expulsion,  there  can  be  no  election 
for  a  successor  until  the  constitutional  night  of 
election. 

Let  us  inquire  into  the  foundation  of  each  of  these 
principles. 

1.  The  second  of  the  Regulations  of  1721  is  in 
these  words : 

"  In  case  of  death  or  sickness,  or  necessary  absence  of  the 
Master,  the  Senior  Warden  shall  act  as  Master  pro  tempore,  if 
no  brother  is  present  who  has  been  Master  of  that  Lodge 
before.  For  the  absent  Master's  authority  reverts  to  the 
last  Master  present,  though  he  cannot  act  till  the  Senior  Warden 
has  congregated  the  Lodge." 

The  lines  which  I  have  placed  in  italics  indicate 
that  even  at  that  time  the  power  of  calling  the 
brethren  together  and  "  setting  them  to  work," 
which  is  technically  called  "  congregating  the 
Lodge/7  was  supposed  to  be  vested  in  the  Senior 
Warden  alone  during  the  absence  of  the  Master, 
although  perhaps,  from  a  supposition  that  he  had 
greater  experience,  the  difficult  duty  of  presiding 
over  the  communication  was  entrusted  to  a  Past 
Master.  The  regulation  is,  however,  contradictory 
in  its  provisions  ;  for,  if  the  "  last  Master  present" 
could  not  act,  that  is,  could  not  exercise  the  author- 


366  WORSHIPFUL  MASTER. 

ity  of  the  Master,  until  the  Senior  Warden  had  con- 
gregated  the  Lodge,  then  it  is  evident  that  the 
authority  of  the  Master  did  not  revert  to  him  in  an 
unqualified  sense,  for  that  officer  required  no  such 
concert  nor  consent  on  the  part  of  the  Warden,  but 
could  congregate  the  Lodge  himself. 

This  evident  contradiction  in  the  language  of  the 
regulation  probably  caused,  in  a  brief  period,  a 
further  examination  of  the  ancient  usage,  and  ac- 
cordingly, on  the  25th  of  November,  1723,  a  very 
little  more  than  three  years  after,  the  following 
regulation  was  adopted  : 

"  If  a  Master  of  a  particular  Lodge  is  deposed  or  demits, 
the  Senior  Warden  shall  forthwith  fill  the  Master's  chair  till 
the  next  time  of  choosing  ;  and  ever  since,  in  the  Master's 
absence,  he  fills  the  chair,  even  though  a  former  Master  he 
present." 

The  present  Constitution  of  the  Grand  Lodge  of 
England  appears  to  have  been  formed  rather  in 
reference  to  the  Regulation  of  1721  than  to  that  of 
1723.  It  prescribes  that  on  the  death,  removal,  or 
incapacity  of  the  Master,  the  Senior  Warden,  or  in 
his  absence,  the  Junior  Warden,  or  in  his  absence, 
the  immediate  Past  Master,  or  in  his  absence,  the 
Senior  Past  Master,  "  shall  act  as  Master  in  sum- 
moning the  Lodge,  until  the  next  election  of  offi- 
cers." But  the  English  Constitution  goes  on  to 
direct  that  "  in  the  Master's  absence,  the  immediate 
Past  Master,  or  if  he  be  absent,  the  Senior  Past 
Master  of  the  Lodge  present  shall  -take  the  chair. 
A.nd  if  no  Past  Master  of  the  Lodge  be  present,  then 


WORSHIPFUL   MASTER.  367 

the  Senior  Warden,  or  in  his  absence,  the  Junior 
Warden  shall  rule  the  Lodge."* 

Here  again  we  find  ourselves  involved  in  the 
intricacies  of  a  divided  authority.  The  Senior 
Warden  congregates  the  Lodge,  but  a  Past  Master 
rules  it  ;  and  if  the  Warden  refuses  to  perform  his 
part  of  the  duty,  then  the  Past  Master  will  have  no 
Lodge  to  rule.  So  that  after  all,  it  appears  that  of 
the  two,  the  authority  of  the  Senior  Warden  is  the 
greater.f 

But  in  this  country  the  usage  has  always  con- 
formed to  the  Regulation  of  1723,  as  is  apparent 
from  a  glance  at  our  rituals  and  monitorial  works. 

Webb,  in  his  "  Freemason's  Monitor/7  (edition  of 
1808,)  lays  down  the  rule  that  "  in  the  absence  of 
the  Master,  the  Senior  Warden  is  to  govern  the 
Lodge  ;"  and  that  officer  receives  annually,  in  every 
Lodge  in  the  United  States,  on  the  night  of  his  in- 
stallation, a  charge  to  that  effect.  It  must  be  re- 
membered, too,  that  we  are  not  indebted  to  Webb 
himself  for  this  charge,  but  that  he  borrowed  it, 
word  for  word,  from  Preston,  who  wrote  long  be- 
fore, and  who,  in  his  turn,  extracted  it  from  the 
rituals  which  were  in  force  at  the  time  of  his 
writing.^ 

*  Const  of  the  G.  L.  of  England,  edit.  1847,  p.  79. 

f  The  confusion  which  at  one  time  existed  in  relation  to  the  question  of 
who  should  be  the  successor  to  the  Master,  seems  to  have  arisen  partly  from 
the  contradiction  between  the  Regulations  of  1721  and  those  of  1723,  and 
partly  from  the  contradiction  in  different  clauses  of  the  Regulation  of  1723 
itself. 

t  "  In  my  absence  you  are  to  rule  the  Lodge." — PRESTON,  p.  79.  "  In  the 
absence  of  the  Master,  you  are  to  govern  this  Lodge." — WEBB,  p.  102 


368  WORSHIPFUL  MASTER. 

In  the  United  States,  accordingly,  it  has  been 
held,  that  on  the  death  or  removal  of  the  Master, 
his  authority  descends  to  the  Senior  Warden,  who 
may,  however,  by  courtesy,  offer  the  chair  to  some 
Past  Master  who  is  present,  after  the  Lodge  has 
been  congregated. 

2.  In  respect  to  the  second  principle,  there  is 
no  difference  of  opinion  among  the  authorities. 
Whether  the  Senior  Warden  or  a  Past  Master  is  to 
succeed,  the  Regulation  of  1721  makes  no  provision 
for  an  election,  but  implies  that  the  vacancy  shall 
be  temporarily  supplied  during  the  official  term, 
while  that  of  1723  expressly  states  that  such  tem- 
porary succession  shall  continue  "  till  the  next  time 
of  choosing,"  or,  in  the  words  of  the  present  English 
Constitution,  "  until  the  next  election  of  officers." 

But,  in  addition  to  the  authority  of  the  Ancient 
Regulation  and  general  and  uniform  usage,  reason 
and  justice  seem  to  require  that  the  vacancy  shall 
not  be  supplied  permanently  until  the  regular  time 
of  election.  By  holding  the  election  at  an  earlier 
period,  the  Senior  Warden  is  deprived  of  his  right 
as  a  member,  to  become  a  candidate  for  the  vacant 
office  ;  for  the  Senior  Warden  having  been  regularly 
installed,  has  of  course  been  duly  obligated  to  serve 
in  the  office  to  which  he  had  been  elected  during 
the  full  term.  If,  then,  an  election  takes  place  be- 
fore the  expiration  of  that  term,  he  must  be  excluded 
from  the  list  of  candidates,  because  if  elected,  he 
could  not  vacate  his  present  office  without  a  viola- 
tion of  his  obligation  The  same  disability  would 


WORSHIPFUL  MASTER.  3<J9 

affect  the  Junior  Warden,  who,  by  a  similar  obliga- 
tion, is  bound  to  the  faithful  discharge  of  his  duties 
in  the  south.  So  that  by  anticipating  the  election, 
the  two  most  prominent  officers  of  the  Lodge,  and 
the  two  most  likely  to  succeed  the  Master  in  due 
course  of  rotation,  would  be  excluded  from  the 
chance  of  promotion.  A  grievous  wrong  would 
thus  be  done  to  these  officers,  which  it  could  never 
have  been  the  intention  of  the  law  to  inflict. 

But  even  if  the  Wardens  were  not  ambitious  of 
office,  or  were  not  likely,  under  any  circumstances, 
to  be  elected  to  the  vacant  office,  another  objection 
arises  to  the  anticipation  of  an  election  for  Master, 
which  is  worthy  of  consideration. 

The  Wardens,  having  been  installed  under  the 
solemnity  of  an  obligation  to  discharge  the  duties 
of  their  respective  offices  to  the  best  of  their  ability, 
and  the  Senior  Warden  having  been  expressly 
charged  that  "  in  the  absence  of  the  Master  he  is  to 
rule  the  Lodge,"  a  conscientious  Senior  Warden 
might  very  naturally  feel  that  he  was  neglecting 
these  duties  and  violating  this  obligation,  by  per- 
mitting the  office  which  he  has  sworn  to  temporarily 
occupy  in  the  absence  of  his  Master,  to  be  perma- 
nently filled  by  any  other  person. 

On  the  whole,  then,  the  Old  Regulations,  as  well 
as  ancient,  uninterrupted  and  uniform  usage,  and 
the  principles  of  reason  and  justice,  seem  impera- 
tively to  require  that  on  the  death  or  removal  of  the 
Master,  there  shall  be  no  election  to  supply  the 
vacancy  ;  but  that  the  authority  of  the  absent  Mas 


370  WARDENS. 

ter  shall  be  vested  in  the  Senior  Warden,  and  in  his 
absence,  in  the  Junior. 

In  conclusion,  it  need  scarcely  be  added  that  as 
this  right  to  succeed  the  Master  is  a  personal  right, 
vested  in  the  Wardens,  no  dispensation  can  issue  to 
set  it  aside  and  to  order  an  election  ;  for  it  is  an 
undoubted  principle  of  justice  that  the  Grand  Mas- 
ter has  no  prerogative  to  interfere,  by  his  dispensing 
Dower,  with  the  rights  of  individuals. 


SECTION  II. 

THE     WARDENS. 

Every  Lodge  has  two  officers,  who  are  distin- 
guished as  the  Senior  and  Junior  Wardens.  The 
word  is  derived  from  the  Saxon  weardian,  "  to 
guard  or  watch/7  and  signifies  therefore  a  guardian 
or  watchman.  The  French  and  German  titles  for 
the  same  officers,  which  are  surveittant  in  the  former 
language,  and  aufseher  in  the  latter,  are  equally 
significant,  as  they  denote  an  overseer.  The  title  is 
derived  from  the  fact  that  in  the  old  rituals  these 
officers  were  supposed  to  sit  at  the  two  columns  of 
the  porch,  and  oversee  or  watch  the  Fellow  Crafts 
and  Apprentices — the  Senior  Warden  overlooking 
the  former,  and  the  Junior  Warden  the  latter. 
This  ritual  is  still  observed  in  the  Lodges  of  the 
French  rite,*  where  the  two  Wardens  sit  in  the 

*  ThusCLATEL:  "  A  1'occident',  des  deuxcot<5s  la  porte  d 'entree,  s'£16 
rent  dens  colonnes  de  bronze.    Sur  la  colonne  de  gauche  cst  tracee ; 


WARDENS.  871 

west,  at  what  is  supposed  to  be  the  pedestals  of  the 
two  columns  of  the  porch  of  the  temple  ;  and  in  the 
York  rite,  although  the  allusion  is  somewhat  im- 
paired by  the  removal  of  the  Junior  Warden  to  the 
south,  they  still  retain  on  their  pedestals  miniature 
columns,  the  representatives  of  the  temple  pillars, 
and  which  in  all  processions  they  carry  as  the  in- 
signia of  their  office.* 

The  duties  of  the  Senior  Warden  are  very  briefly 
described  in  the  Installation  service.  They  are,  in 
the  absence  of  the  Master,  to  preside,  and  govern 
the  Lodge ;  in  his  presence,  to  assist  him  in  the 
government  of  it.f 

In  assisting  the  Master  in  the  government  of  the 
Lodge,  it  is  the  duty  of  both  officers  to  see  that  due 
silence  is  observed  around  their  respective  stations, 
and  that  the  orders  issued  from  the  east  are  strictly 
obeyed.  But  most  of  their  duties  in  their  peculiar 
positions  are  of  a  ritualistic  nature,  and  are  either 
unnecessary  or  improper  to  be  discussed  in  the 
present  work. 

sur  1'autre,  on  lit Pres  de  la  premiere,  se  place  le  premier  surveillant, 

et  pres,  de  la  deuxieme,  le  second  surveillant." — HisL  Pitloresq.  de  la  Franc- 
mag,  p.  4=. 

*  These  columns  appear  at  one  time  to  have  been  called  "  truncheons," 
and  OLIVER  (Book  of  the  Lodge,  p.  116)  quotes  an  inventory  of  the  furnitm-e 
belonging  to  a  Lodge  at  Chester,  (Eng.)  taken  in  the  year  1761,  which  men- 
tions among  other  things  "  two  truncheons  for  the  Wardens." 

t  LEKNING  gives  a  more  explicit  recapitulation  of  the  duties  of  these  offi- 
cers. He  says  :  "  Their  duties  are  to  keep  order  and  silence  in  the  meeting, 
to  repeat  the  commands  of  the  Master,  each  from  his  station,  and  to  see 
them  obeyed." — Encydopadie  der  Fretmaurerei,  in  voce  Aufseher.  These 
are  precisely  their  ^"ties,  as  laid  down  in  the  American,  ritual. 


372  WARDENS. 

In  the  absence  of  the  Master,  the  Senior  Warden 
governs  the  Lodge.  This  is  his  inherent  right,  and 
lias  already  been  fully  considered  in  the  preceding 
section.  He  may,  and  often  does,  as  a  matter  of 
courtesy,  resign  the  chair  to  some  Past  Master 
present,  but  such  Past  Master  always  acts  under  the 
authority  of  the  Warden,  who  has  first  to  congre- 
gate the  Lodge,  that  is,  to  call  the  brethren  to  labor, 
before  he  resigns  the  gavel  of  his  authority  into  the 
hands  of  the  Past  Master. 

Within  a  few  years,  the  very  singular  objection 
has  been  urged  by  some  Masons  that  a  Warden  can- 
not preside  and  confer  degrees  unless  he  has  re- 
ceived the  Past  Master's  degree.*  Now,  I  know  of 
no  modern  theory  on  Masonic  law  which  has  so 
little  foundation  in  fact  as  this.  The  degree  of 
Past  Master  is  a  necessary  qualification  of  the  Mas- 
ter of  a  Lodge,  and  without  it,  it  is  admitted  that 
he  cannot  legally  preside,  not,  however,  because  of 
any  peculiar  virtue  or  superior  knowledge  that  the 
possession  of  the  Past  Master's  degree  confers,  but 
because  by  the  Landmarks,  or  certainly  by  very 

*  In  1857,  the  Grand  Master  of  Kentucky,  Bro.  T.  N.  WISE,  made  the 
following  decision,  which  was  sustained  by  the  Grand  Lodge:  The  Master 
and  Senior  Warden  of  a  Lodge  being  absent,  the  Junior  Warden  took  the 
chair,  and  conferred  the  second  degree,  notwithstanding  several  Past  Mas- 
ters were  present.  The  Master  of  the  Lodge,  at  the  next  meeting,  pro- 
nounced the  action  of  the  Junior  Warden  unmasonie.  The  Grand  Master, 
however,  approved  his  course,  as  being  the  constitutional  ruter  of  the  Ik)dgo, 
in  the  absence  of  his  two  superiors  ;  and  the  Grand  Lodge,  of  course,  in  so 
plain  a  case,  sustained  him.  There  was  other  matter  involved  in  this 
case,  but  the  real  prmjinle  affected  was  the  right  of  the  Junior  Warden  tc 
preside. 


WARDENS.  373 

ancient  regulations,  the  conferring  of  that  degree 
constitutes  an  essential  part  of  the  ceremony  of  in- 
stalling the  Master  "of  a  Lodge.  He  is  not  legally 
installed  until  he  has  received  the  degree  ;  and  not 
being  installed,  he  cannot  exercise  the  functions  of 

O  ' 

his  office.  But  there  is  no  regulation  making  the 
reception  of  the  Past  Master's  degree  a  necessary 
part  of  the  installation  of  a  Warden,  and  when, 
therefore,  a  Warden  has  been  duly  installed,  he  is 
entitled  to  preside  and  confer  degrees  in  the  absence 
of  the  Master. 

All  the  duties  that  devolve  upon  the  Senior 
Warden,  in  the  absence  of  the  Master,  devolve  in 
like  manner,  and  precisely  to  the  same  extent,  upon 
the  Junior  Warden,  in  the  absence  of  both  the  Mas- 
ter and  the  Senior.  All  that  has  been  said  of  one 
officer,  under  such  circumstances,  is  equally  appli- 
cable to  the  other. 

But  if  the  Master  be  present,  and  the  Senior 
Warden  absent,  the  Junior  Warden  does  not  assume 
the  functions  of  the  latter  officer,  but  retains  his 
own  station,  and  a  Senior  Warden  pro  tempore  must 
be  appointed  by  the  Master.  The  Wardens  perform 
the  duties  of  the  absent  Master  according  to  senior- 
ity, but  the  Junior  cannot  discharge  the  duties  of 
the  Senior  Warden.  It  must  be  remembered  that  a 
Warden  acting  as  Master  is  still  a  Warden,  and  is 
so  acting  simply  in  the  discharge  of  one  of  the 
duties  of  his  office.  The  Senior  Warden  is  bound 
to  the  performance  of  his  duties,  which  are,  in  the 
presence  of  the  Master,  to  superintend  the  west,  and 


374  WAKDENS. 

in  his  absence  to  preside.  The  Junior  Warden,  in 
like  manner,  is  bound  to  the  performance  of  his 
duties,  which  are,  in  the  presence  of  the  Master,  to 
superintend  the  south,  and  in  the  absence  of  both 
Master  and  Senior  Warden,  to  preside.  The  ab- 
sence of  the  Senior  Warden  has,  therefore,  no  effect 
upon  the  duties  of  the  Junior  Warden,  unless  the 
Master  is  also  absent,  when  he  takes  the  east.  He 
is  to  supply  the  place,  not  of  the  absent  Senior 
Warden,  but  of  the  absent  Master.* 

Among  the  duties  which  formerly  devolved  upon 
the  Junior  Warden,  was  that  of  the  examination  of 
visitors. f  This  duty  has  now,  much  more  appropri- 
ately, been  intrusted  to  the  Stewards. 

It  is  one  of  the  ritualistic  Landmarks  that  the 
Senior  Warden  presides  over  the  craft  during  the 
hours  of  labor,  and  the  Junior  Warden  during  the 
hours  of  refreshment ;  and  in  reference  to  this  fact, 
it  is  the  usage  for  the  column  of  the  Senior  Warden 

*  It  is  a  little  singular  that  neither  Preston  nor  Webb  allude,  in  the  In- 
stallation service,  to  this  duty  of  the  Junior  to  preside,  in  the  absence  of  his 
two  superior  officers.  The  second  Regulation  of  1721  only  intimates  it  in  the 
last  clause.  DALCIIO  (Ahiman  Eezon,  p.  59,)  and  TANNEHILL  (Manual,  p. 
237)  are  the  only  monitorial  authorities  who  state  the  law  explicitly,  but  it  is 
sanctioned  by  universal  and  uninterrupted  usage. 

t  "  In  a  copy  of  the  lectures  which  were  used  about  the  close  of  the 
eighteenth  century,  the  Junior  Warden's  office,  amongst  other  important 
matters,  is  said  to  include  the  examination  of  visitors." — OLIVER,  Boole  of 
the  Lodge,  p.  113.  That  and  the  introduction  of  candidates  are  specially  in- 
trusted to  the  Junior  Warden  in  the  installation  services  of  both  Preston  and 
Webb,  but  have  long  since  been  disused  in  this  country.  Cross,  the  first 
edition  of  whose  "  Chart"  was  published  in  1819,  and  all  the  authors  and 
compilers  who  have  since  followed  him,  Davis,  Stewart,  Tannehill,  Maeny 
&c.,  omit  these  duties  from  the  charge  given  to  the  Junior  Warden. 


WAKDENS.  375 

to  be  standing,  and  that  of  the  Junior  to  be  lying 
down,  while  the  Lodge  is  at  work,  and  these  posi- 
tions to  be  reversed  when  the  Lodge  is  called  off.* 
In  consequence  of  the  Junior  Warden  being 
placed  over  the  craft  during  the  hours  of  refresh- 
ment, and  of  his  being  charged  at  the  time  of  his 
installation  to  see  "  that  none  of  the  craft  be  suffered 
to  convert  the  purposes  of  refreshment  into  those 
of  intemperance  and  excess,"t  it  has  been  very 
generally  supposed  that  it  is  his  duty,  as  the  prose- 
cuting officer  of  the  Lodge,  to  prefer  charges  against 
any  member  who,  by  his  conduct,  has  made  himself 
amenable  to  the  penal  jurisdiction  of  the  Lodge. 
I  know  of  no  ancient  regulation  which  imposes  this 
unpleasant  duty  upon  the  Junior  Warden  ;  but  it 
does  seem  to  be  a  very  natural  deduction  from  his 
peculiar  prerogative  as  the  custos  morum  or  guardian 
of  the  conduct  of  the  craft,  that  in  all  cases  of  vio- 
lation of  the  law  he  should,  after  due  efforts  towards 
producing  a  reform,  be  the  proper  officer  to  bring 
the  conduct  of  the  offending  brother  to  the  notice 
of  the  Lodge. 

*  PRESTON  (p.  80)  says :  "  When  the  work  of  Masonry  in  the  Lodge  is 
carrying  on,  the  column  of  the  Senior  Deacon  is  raised  ;  when  the  Lodge  is 
at  refreshment,  the  column  of  the  Junior  Deacon  is  raised."  It  will  be  seen 
by  this  that  the  columns,  which,  in  the  custom  of  this  country,  are,  by  a 
beautiful  symbolism,  placed  in  the  hands  of  the  Wardens,  to  indicate  the 
hours  of  labor  and  refreshment,  are,  in  the  Prestonian  work,  without  any 
meaning  whatever,  given  to  the  Deacons.  Webb  thoughtlessly  followed  the 
system  of  Preston  in  this  respect ;  but  it  is  doubtful  whether  he  or  any  of  his 
disciples  ever  worked  by  it.  At  least  I  can  find  no  evidence,  except  the 
passage  in  Webb's  charge  to  the  Deacons,  that  columns  were  ever  borue  by 
those  officers. 

t  Installation  charge  to  the  Junior  Warden. 


376  WARDENS. 

One  of  the  most  important  prerogatives  of  the 
Wardens  is  that  of  representing  the  Lodge  with  the 
Master  at  all  communications  of  the  Grand  Lodge. 
This  is  a  prerogative  the  exercise  of  which  they 
should  never  -omit,  except  under  urgent  circum- 
stances. A  few  Grand  Lodges  in  the  United  States 
have  disfranchised  the  Wardens  of  this  right,  and 
confined  the  representation  to  the  Master,  but  I 
cannot  hesitate  to  say  that  this  is  not  only  a  viola- 
tion of  ancient  regulations,  but  an  infraction  of  the 
inherent  rights  of  the  Wardens  and  the  Lodges. 
After  the  comparatively  modern  organization  of 
Grand  Lodges,  in  1717,  the  craft  as  a  body  sur- 
rendered the  prerogatives  which  belonged  to  every 
Mason  of  being  present  at  the  General  Assembly, 
in  the  assurance  that  their  rights  and  privileges 
would  be  sufficiently  secured  by  the  presence  of 
their  Masters  and  Wardens.*  Hence,  in  the  Regu- 
lations of  1721,  which  must  be  considered,  according1 
to  the  history  given  of  them  by  Preston,  in  the  light 
of  a  bill  of  rights,  or  fundamental  constitution,t  the 
Grand  Lodge  is  expressly  defined  as  consisting  of 

*  "  Matters  being  thus  amicably  adjusted,"  says  PRESTON,  when  speaking 
<.f  the  organization  of  the  Grand  Lodge  in  1717,  "the  brethren  of  the  four 
old  Lodges  considered  their  attendance  on  the  future  communications  of  the 
Society  as  unnecessary,  and  therefore,  like  the  other  Louges,  trusted  im- 
plicitly to  their  Master  and  Wardens,  resting  satisfied  that  no  measure  of 
importance  would  be  adopted  without  their  approbation."-— HlusiratioriS, 
D.  138,  OL.  edit. 

t  PRESTON  says  that  the  officers  of  the  old  Lodges,  fearing  that  the  ma- 
jority might  "  encroach  upon,  or  even  subvert  the  privileges  of  the  original 
Masons  of  England,  very  wisely  formed  a  code  of  laws  f  ,r  the  future  govern- 
ment of  the  Society." — Ibid.  p.  184.  This  code  is  what  is  kiiovn  0,3  tLc- 
Regulations  of  1721. 


WAEDENS.  377 

*  the  Masters  and  W  ardens  of  all  the  regular  par- 
ticular Lodges  upon  record."  The  disfranchisement 
of  the  Wardens  is,  in  fact,  a  disfranchisement  of  the 
Lodges  and  the  establishment  of  a  new  form  of 
Grand  Lodge,  unknown  to  the  Ancient  Consti- 
tutions. 

Another  prerogative  of  the  Wardens  is  their  eligi- 
bility to  election  as  Master.  It  has  already  been 
seen  that  no  Mason  can  be  chosen  Master  unless  he 
has  previously  served  in  the  office  of  Warden,  ex- 
cept in  the  case  of  new  Lodges,  or  of  emergencies, 
where  no  Warden,  Past  Warden,  or  Past  Master 
will  consent  to  serve.  This  eligibility  to  the  chair 
is  not  confined  to  the  Wardens  then  in  office,  for 
any  brother  who  has  ever  filled  that  station  retains 
for  ever  his  eligibility.  It  is  a  right  that  is  affected 
by  no  lapse  of  time. 

The  prerogative  of  appointment  which  is  vested 
in  these  officers  is  limited.  The  Senior  Warden  has 
the  right  of  appointing  the  Junior  Deacon,  and 
the  Junior  Warden  that  of  appointing  the  two 
Stewards. 

If  the  Master  and  both  Wardens  be  absent,  the 
Lodge  cannot  be  opened,  because  the  warrant  of 
constitution  is  granted  to  the  Master  and  Wardens, 
and  their  successors,  and  to  none  else.  In  1857, 
during  the  absence  of  the  Master  and  Wardens  of  a 
Lodge  in  Kentucky,  a  Past  Master  of  the  Lodge  as- 
sumed the  chair,  appointed  proxies  for  the  Wardens, 
and  proceeded  to  transact  business.  Upon  an  ap- 
peal from  the  Master  of  the  Lodge,  the  Grand  Mas 


378  WARDENS. 

ter  declared  tho  acts  of  the  Lodge  to  be  illegal  and 
of  no  effect.  There  can  be  no  doubt  that  this  de- 
cision was  correct,  according  to  the  Regulations  of 
1721  ;  for,  although  a  Past  Master  may  preside,  by 
the  courtesy  of  a  Warden,  he  holds  his  authority, 
according  to  these  Regulations,  under  the  Warden, 
and  cannot  act  until  that  officer  has  congregated 
the  Lodge.  At  the  opening  of  the  Lodge  at  least, 
therefore,  the  Master  or  a  Warden  must  be  present, 
and  if  Master  and  Wardens  are  all  absent,  the 
Lodge  cannot  be  opened. 

If,  however,  the  Lodge  is  congregated  by  the 
Warden,  ^nd  he  places  a  Past  Master  in  the  chair, 
and  then  retires,  I  am  inclined  to  think  that  the 
labors  or  business  of  the  Lodge  may  be  legally  con- 
tinued, notwithstanding  the  absence  of  the  Warden, 
for  he  has  complied  with  the  requisitions  of  the  law, 
and  congregated  the  Lodge.  It  is  a  right  belong- 
ing to  the  Warden  to  invite  a  Past  Master  to  pre- 
side for  him,  and  if,  after  exercising  that  right,  he 
then  retires,  the  Past  Master  will  continue  to  act  as 
his  representative.  But  the  Warden  will  be  re- 
sponsible for  the  acts  of  the  Past  Master  ;  for,  if 
anything  is  done  irregularly,  it  may  be  well  said 
that  the  Warden  should  have  been  there  to  correct 
the  irregularity  when  it  occurred.  I  confess,  how- 
ever, that  this  is  a  res  nonjudicata — a  question  that 
has  not  been  even  discussed,  so  far  as  I  am  aware, 
by  any  Masonic  authority. 


TREASURER.  379 

SECTION  III. 

THE      TREASURER. 

Al though  this  officer  takes  no  part  in  the  ritual 
or  ceremonial  labors  of  the  Lodge,  yet  the  due  ad- 
ministration of  his  duties  is  closely  connected  with 
its  welfare.  He  is  the  financial  officer  or  banker  of 
the  Lodge  ;  and  to  prevent  the  possibility  of  any 
collusion  between  himself  and  the  presiding  officer, 
the  Constitutions  of  England,  while  they  give  the 
appointment  of  all  the  other  officers  to  the  Master, 
have  prudently  provided  that  the  Treasurer  shall 
be  elected  by  the  Lodge. 

The  duties  of  the  Treasurer,  as  detailed  in  the 
Installation  service,  and  sanctioned  by  universal 
usage,  are  threefold  : 

1.  He  is  to  receive  all  moneys  due  the  Lodge  from 
the  Secretary. 

2.  He  is  to  make  due  entries  of  the  same. 

3.  He  is  to  pay  them  out  at  the  order  of  the 
Master,  and  with  the  consent  of  the  Lodge. 

As  the  banker  simply  of  the  Lodge,  he  has  nothing 
to  do  with  the  collections  which  should  be  made  by 
the  Secretary,  and  handed  over  to  him.  These 
funds  he  retains  in  his  hands,  and  disburses  them  by 
the  order  of  the  Lodge,  which  must  be  certified  to 
him  by  the  Master.  His  accounts,  so  far  as  the  re- 
ceipts of  money  are  concerned,  are  only  with  the 
Secretary.  Of  his  disbursements,  of  course,  he 
keep?  a  special  account.  His  apcounts  should  be 


380  TREASURER. 

neatly  and  accurately  kept,  and  be  always  ready  for 
the  inspection  of  the  Lodge  or  of  the  Master. 

As  his  office,  as  custodian  of  the  funds  of  the 
Lodge,  is  a  responsible  one,  it  has  been  usual  to  re- 
quire of  him  a  bond  for  the  faithful  discharge  of  his 
duties  ;  so  that,  in  case  of  failure  or  defalcation,  the 
Lodge  may  not  become  the  loser  of  its  property. 

For  all  the  funds  he  receives  from  the  Secretary 
he  should  give  a  receipt  to  that  officer,  and  should 
take  receipts  from  all  persons  to  whom  he  pays 
money.  These  last  receipts  become  his  vouchers, 
and  his  books  should  be  examined,  and  the  entries 
compared  with  the  vouchers,  at  least  once  a  year,  by 
a  committee  of  the  Lodge. 

The  Treasurer,  like  every  other  officer  in  a  Ma- 
sonic Lodge,  cannot  resign,  nor  can  his  office  be 
vacated  by  a  removal,  or  any  other  cause,  except 
death  or  expulsion.  But  whenever  either  of  these 
events  occurs,  and  the  office  becomes  vacant,  it  is 
competent  for  the  Lodge,  of  course,  under  the 
authority  of  a  dispensation  from  the  Grand  Master, 
to  hold  a  new  election.  The  objections  to  such  a 
course,  in  the  case  of  the  Master  or  Wardens,  do 
not  apply  to  the  Treasurer. 

SECTION  IV. 

THE      SECRETARY. 

The  Secretary,  like  the  Treasurer,  is  only  a 
business  officer  of  the  Lodge,  having  nothing  to  do 
in  the  ritualistic  labors.  The  charge  whicn  he  re 


SECRETARY.  381 

•_eives  at  his  installation  into  office,  as  it  is  given  by 
Preston,  Webb,  and  Cross,*  notwithstanding  they 
all  differ,  does  not  contain  a  full  summary  of  his 
duties,  which  are  very  extensive.  I  am  inclined  to 
think  that  the  usage  of  the  craft  is  at  fault  in  mak- 
ing the  Treasurer  the  senior  officer,  for  I  think  it 
will  be  found  that  the  duties  and  labors  of  the 
Secretary  are  not  only  more  onerous,  but  far  more 
important  to  the  interests  of  the  institution. 

The  Secretary  acts,  in  his  relation  to  the  Lodge, 
in  a  threefold  capacity.  He  is  its  recording,  cor- 
responding, and  collecting  agent. 

As  the  recording  agent  of  the  Lodge,  it  is  his 
duty  to  keep  a  minute  of  all  the  proceedings,  except 
such  as  are  of  an  esoteric  character,  and  which  the 
peculiar  constitution  of  our  society  forbids  him  to 
commit  to  paper.  After  these  minutes  have  been 
approved  and  confirmed,  it  is  his  duty  to  transfer 
them  to  a  permanent  record  book.  It  is  also  his 
duty,  whenever  called  upon,  to  furnish  the  Grand 
Master  or  the  Grand  Lodge  with  a  fair  transcript 
of  any  portion  of  his  records  that  may  be  required. 
As  the  recording  agent,  he  is  also  expected  to  fur- 

*  "  It  is  your  duty  to  record  the  minutes  and  issue  out  the  summonses  for 
the  regular  meetings." — PRESTON,  p.  79. 

"  It  is  your  duty  to  observe  the  Worshipful  Master's  will  and  pleasure,  fa 
record  the  proceedings  of  the  Lodge,  to  receive  all  moneys,  and  pay  them 
into  the  hands  of  the*  Treasurer  ."—WEBB,  p.  104. 

"  It  is  your  duty  to  observe  all  the  proceedings  of  the  Lodge  ;  make  a  fair 
record  of  all  things  proper  to  be  written  ;  to  receive  all  moneys  due  the 
Lodge,  and  pay  them  over  to  the  Treasurer,  and  take  his  receipt  for  the 
same." — CROSS,  p.  76. 

It  will  be  observed  that  the  words  of  Cross  agree  more  closely  than  the 
others  with  the  ritual  in  general  use  at  the  present  time  in  this  country. 


382  SECRETARY. 

nisli,  at  every  communication  of  the  Lodge,  a  state- 
ment of  the  unfinished  business  which  is  to  be  called 
up  for  action. 

As  the  corresponding  agent  of  the  Lodge,  he  re- 
ceives and  reads  all  communications  which  have 
been  addressed  to  the  Lodge,  and  replies  to  them, 
under  the  directions  of  the  Lodge  or  the  Master, 
whenever  any  action  has  been  taken  upon  them. 
He  also  issues  all  summonses  for  special  or  stated 
communications.  This  duty,  particularly  in  refer- 
ence to  the  stated  communications,  is  sometimes 
improperly  neglected.  Every  Mason  is  entitled  to 
a  summons,  either  verbal  or  written,  to  every  meet- 
ing of  his  Lodge.  The  Secretary  is  also  the  proper 
officer  to  make  out  the  returns  to  the  Grand  Lodge, 
and  to  communicate  to  it,  through  the  Grand  Se- 
cretary, notices  of  rejections,  suspensions  and  ex- 
pulsions. He  is,  in  fact,  the  organ  of  communication 
between  his  Lodge  and  the  Grand  Lodge,  as  well 
as  all  other  Masonic  bodies.  He  affixes  his  signa- 
ture and  the  seal  of  the  Lodge  to  all  demits,  diplo- 
mas, and  other  documents  which  the  Lodge  may 
direct.  For  this  purpose  he  is  the  keeper  of  the 
seal  of  the  Lodge,  and  is  also  the  proper  custodian 
of  its  archives.* 

As  the  collecting  agent  of  the  Lodge,  he  keeps 
the  accounts  between  itself  and  its  •  members,  re- 
ceives all  dues  for  quarterage,  and  all  fees  for  initia- 
tion, passing  and  raising ;  and  after  making  an 

*  He  combines  the  duties  of  Secretary  with  those  of  Archivist  and  Koepei 
of  the  Seals,  to  be  found  in  the  French  and  many  German  Lodges. 


SECRETARY.  383 

entry  of  the  sums  and  the  occasions  on  which  they 
were  paid,  he  transfers  the  money  forthwith  to  the 
Treasurer,  and  takes  his  receipt.  In  this  way  each 
of  these  officers  is  a  check  upon  the  other,  and  a 
comparison  of  their  books  will  enable  the  Lodge 
at  any  time  to  detect  the  errors. of  either. 

The  books  and  accounts  of  the  Secretary,  like 
those  of  the  Treasurer,  should  be  examined  at  least 
once  a  year  by  a  committee  appointed  by  the  Lodge, 
and  they  should  be  at  all  times  ready  for  the  in- 
spection of  the  Master. 

It  is  customary  in  many  Lodges,  on  account  of 
the  numerous  and  often  severe  duties  of  the  Secre- 
tary, to  exempt  him  from  the  payment  of  annual 
dues,  and  sometimes  even  to  give  him  a  stated  salary. 
I  see  no  objection  to  this,  for  he  does  not  thereby 
cease  to  be  a  contributor  to  the  support  of  the  insti- 
tution. His  contribution,  though  not  in  the  form 
of  money,  is  in  that  of  valuable  services.* 

The  office  of  Secretary,  like  that  of  Treasurer, 
can  only  be  vacated  by  death  or  expulsion,  when  a 
new  election  may  be  ordered  under  the  Grand  Mas- 
ter's dispensation.  It  must  be  remembered  that 
nothing  can  be  done  in  Masonry  out  of  the  regular 
time  appointed  by  law,  unless  the  proper  authority 
dispenses,  for  that  particular  occasion,  with  the 
operation  of  the  law. 

*  It  is  very  properly  maintained  as  a  principle  that  no  Mason  should  re 
ceive  pecuniary  compensation  for  his  services  in  the  woik  of  Masonry.  Bnl 
the  Secretary  is  the  only  officer  in  the  Lodge,  except  the  Tiler,  whose  labors 
in  Masonry  do  not  cease  when  the  Lodge  is  closed.  Nearly  all  of  his  work 
is  unconnected  with  the  ritual,  a!»d  much  of  it  is  done  during  the  reoeas  of 
the  Lodge. 


334  DEACONS. 

SECTION  V. 

THE     DEACONS. 

In  eveiy  Masonic  Lodge  there  are  two  officers 
who  are  called  Deacons  ;  the  one  who  sits  in  the 
east,  on  the  right  of  the  Master,  is  called  the  Senior 
Deacon,  and  the  other,  who  sits  in  the  west,  on  the 
right  of  the  Senior  Warden,  is  called  the  Junior 
Deacon.  They  are  not  elected  to  their  respective 
offices,  but  are  appointed  —  the  Senior  by  the  Master, 
and  the  Junior  by  the  Senior  Warden. 

The  title  is  one  of  great  antiquity,  and  is  derived 
from  the  Greek  language,*  where  it  signifies  an 
attendant  or  servant,  and  was  used  in  this  sense  in 
the  primitive  church,  where  the  Deacons  waited 
upon  the  men,  and  stood  at  the  men's  door,  and 
the  Deaconesses  at  the  women's  door,  to  see  that 
none  came  in  or  went  out  during  the  time  of  the 
oblation. 

In  the  Lodges  of  France  and  Germany,  except  in 
those  which  work  in  the  Scotch  and  York  rites,  the 
office  of  the  Deacons  is  not  known  ;  but  their  func- 
tions are  discharged  by  other  officers.  In  France 
they  have  an  "  expert"  and  a  "  Master  of  Ceremo- 
nies," and  in  Germany  a  "  Master  of  Ceremonies" 
and  a  "  preparer."f 


;*)  an  attendant  or  waiter,  from  the  verb  Jia/covew,  to  attend. 
or  serve.    In  the  Latin  the  word  is  diaconus. 

t  The  German  Lodges  in  this  country  make  use  of  Deacons,  and  give  them 
the  title  of"  vorsteher,"  which  signifies  a  director.  See  Des  Freimaurer's 
Handbuch  von  J.  D.  FINKELMEIER,  which  is  an  excellent  translation  of 


DEACONS.  385 

« 

While  the  two  Deacons  have  one  duty  in  common, 
that,  namely,  of  waiting  upon  the  Master  and 
Wardens,  and  serving  as  their  proxies  in  the  active 
duties  of  the  Lodge,*  the  Senior  Deacon  being  the 
especial  minister  of  the  Master,  and  the  Junior  of 
the  Senior  Warden,  they  have  peculiar  and  separate 
duties  distinctly  appropriated  to  each. 

The  Senior  Deacon. — The  Senior  Deacon,  as  I 
have  already  remarked,  is  the  especial  attendant  of 
the  Master.  Seated  at  his  right  hand,  he  is  ready 
at  all  times  to  carry  messages  and  to  convey  orders 
from  him  to  the  Senior  Warden,  and  elsewhere 
about  the  Lodge. 

He  is  also  the  proper  officer  to  propose  to  every 
candidate,  in  an  adjoining  apartment,  and  in  the 
presence  of  the  Stewards,  those  questions  which  are 
to  elicit  his  declaration  of  the  purity  of  the  motive? 
which  have  induced  him  to  apply  for  initiation. f 
For  this  purpose  he  leaves  the  Lodge  room,  previous 
to  the  preparation  of  the  candidate,  and  having  pro- 
posed the  questions  and  received  the  appropriate 
replies,  he  returns  and  reports  the  fact  to  the 
Master. 

He  also  takes  an  important  part  in  the  subsequent 

WACOY'S  Manual,  for  the  use  of  German  Lodges,    But  the  word  "  vorsteher'' 
.'8  not  to  be  found  in  LENNING'S  German  Encyclopedia  of  Freemasonry. 

*  "  It  is  your  province  to  attend  on  the  Master  and  Wardens,  and  to  act 
as  their  proxies  in  the  active  duties  of  the  Lodge."— WEBB,  Installation 
Service,  p.  104. 

t  WEBB  says  that  the  declaration  must  "  be  assented  to  by  a  candidate  in 
in  adjoining  apartment  previous  to  initiation,"  and  he  adds.  "  the  Stewards 
of  the  Lodge  are  usually  present."—  Monitor,  p.  30. 

17 


386  DEACONS. 

ceremonies  of.  initiation.  He  receives  the  candi- 
date at  the  door,*  and  conducts  him  throughout  all 
the  requisitions  of  the  ritual.  He  is,  from  the 
reason  of  his  intimate  connection  with  the  candi- 
date, the  proper  guardian  of  the  inner  door  of  the 
Lodge. 

It  is  his  duty  also  to  welcome  all  visiting  brethren, 
to  furnish  them  with  seats,  and  if  they  are  entitled 
to  the  honors  of  the  Lodge,  to  supply  them  with  the 
collars  and  jewels  of  their  rank,  and  conduct  them 
to  their  appropriate  stations  in  the  east.f 

After  the  Lodge  is  opened,  the  altar  and  its  sur- 
rounding lights  are  placed  under  the  especial  care 
of  the  Senior  Deacon. 

He  also  takes  charge  of  the  ballot  box  in  all  bal- 
lots, places  it  on  the  altar  in  the  customary  form, 
and  after  all  the  members  have  voted,  exhibits  it  for 
inspection  to  the  Junior  and  Senior  Wardens  and 
Master,  in  rotation. 

In  the  inspection  of  members  and  visitors,  before 
the  Lodge  is  opened,  for  the  purpose  of  preventing 
the  intrusion  of  impostors  among  the  brethren,  the 
north  side  of  the  Lodge  is  intrusted  to  the  care  of 
the  Senior  Deacon. 

The  Junior  Deacon. — This  officer  is  the  especia . 
attendant  of  the  Senior  Warden  ;  and  being  seated 
at  his  right  hand,  is  prepared  to  carry  messages 

*  According  to  the  Prestonian  work,  it  is  the  duty  of  the  Inner  Guard 
(an  officer  not  recognized  in  this  country)  "  to  receive  candidates  iu  due 
form." — See  PRESTON,  p.  80. 

t  Many  Lodges  keep  a  supply  of  Past  Masters'  collars  and  jewels  for  this 
iraq/ose. 


DEACONS.  387 

from  him  to  the  Junior  Warden,  and  elsewhere 
about  the  Lodge. 

He  takes  very  little  part  in  the.  ceremonies  of 
conferring  the  degrees,  but  as  he  is  placed  near  the 
outer  door,  he  attends  to  all  alarms  of  the  Tiler,  re- 
ports them  to  the  Master,  and  at  his  command,  in- 
quires into  the  cause.  The  outer  door  being  thus 
under  his  charge,  he  should  never  permit  it  to  be 
opened  by  the  Tiler,  except  in  the  usual  form,  and 
when  preceded  by  the  usual  notice.  He  should 
allow  no  one  to  enter  or  depart  without  having  first 
obtained  the  consent  of  the  presiding  officer. 

An  important  duty  of  the  Junior  Deacon  is  to  see 
that  the  Lodge  is  duly  tiled.  Upon  this  the  security 
and  secrecy  of  the  institution  depends  ;  and  there- 
fore the  Junior  Deacon  has  been  delegated  as  an 
especial  officer  to  place  the  Tiler  at  his  post,  and  to 
give  him  the  necessary  instructions. 

In  the  inspection  of  the  brethren,  which  takes 
place  at  the  opening  of  the  Lodge,  the  south  side  of 
the  room  is  intrusted  to  the  care  of  the  Junior 
Deacon. 

In  the  absence  of  the  Senior  Deacon,  the  Junior 
does  not  succeed  to  his  place  ;  but  a  temporary  ap- 
pointment of  a  Senior  Deacon  is  made  by  the 
Master. 

If  the  Junior  Deacon  is  absent,  it  is  the  usage  for 
the  Master,  and  not  the  Senior  Warden,  to  make  a 
temporary  appointment.  The.  right  of  nominating 
the  Junior  Deacon  is  vested  in  the  Senior  Warden 
only  on  the  night  of  his  installation.  After  that,  on 


308  DEACONS. 

the  occurrence  of  a  temporary  vacancy,  this  right  is 
lost,  and  the  Master  makes  the  appointment  by  the 
constitutional  right  of  appointment  which  vests  in 
him. 

It  has  been  supposed  by  some  writers  that,  as  the 
Deacons  are  not  elected,  but  appointed  by  the  Mas- 
ter and  Senior  Warden,  they  are  removable  at  the 
pleasure  of  these  officers.  This,  however,  is  not  in 
accordance  with  the  principles  which  govern  the 
tenure  of  all  Masonic  offices.  Although  they  are 
indebted  for  their  positions  to  a  preliminary  ap- 
pointment, they  are  subsequently  installed  like  the 
other  officers,  take  a  similar  obligation,  and  are 
bound  to  the  performance  of  their  duties  for  a  simi- 
lar period.  Neither  Preston  nor  Webb  say  any- 
thing, in  the  installation  charge,  of  a  power  of 
removal  by  those  who  appointed  them.  In  fact  it 
is  the  installation,  and  not  the  appointment,  that 
makes  them  Deacons  ;  and  deriving,  therefore,  their 
right  to  office  from  this  ceremony,  they  are  to  be 
governed  by  the  same  rules  which  affect  other  in- 
stalled officers.  In  England,  the  Wardens  are  ap- 
pointed by  the  Master,  but  he  cannot  remove  them 
from  office,  the  power  of  doing  which  is  vested 
solely  in  the  Lodge.*  In  this  country,  the  only 

*  "  The  Wardens  or  officers  of  a  Lodge  cannot  be  removed,  unless  for  a 
cause  which  appears  to  the  Lodge  to  be  sufficient ;  but  the  Master,  if  he  be 
dissatisfied  with  the  conduct  of  any  of  his  officers,  may  lay  the  cause  of  com- 
plaint before  the  Lodge  ;  and  if  it  shall  appear  to  the  majority  of  the 
brethren  present  that  the  complaint  be  well  founded,  he  shall  have  power  to 
displace  such  officer,  and  to  nominate  another." — Constitutions  of  England, 
ed.  18.17,  p.  80. 


STEWARDS.  389 

mode  known  to  the  law  of  removing  an  officer  is  by 
his  expulsion,  and  this  can  only  be  done  by  the 
Lodge,  as  in  England,  after  trial.  I  hold,  then, 
that  the  analogy  of  the  English  law  is  to  be  ex- 
tended to  the  appointed,  as  well  as  to  the  elected 
officers — to  the  Deacons  who  are  appointed  here,  as 
well  as  to  the  Wardens  who  are  appointed  there  ; 
and  that  therefore  a  Deacon,  having  been  once  in- 
stalled, derives  his  tenure  of  office  from  that  instal- 
lation, and  cannot  be  removed  by  the  Master  or 
Senior  Warden.  The  office  can  only  be  vacated  bv 
death  or  expulsion.'34' 


SECTION  VI. 

THE     STEWARDS. 

The  Stewards  are  two  in  number,  and  are  ap- 
pointed by  the  Junior  Warden.  They  sit  on  the 
right  and  left  of  that  officer,  each  one  having  a  white 
rod,  as  the  insignia  of  his  office,  and  wearing  the 
cornucopia  as  a  jewel. 

Preston  says  that  their  duties  are  "  to  introduce 
visitors,  and  see  that  they  are  properly  accommo- 
dated ;  to  collect  subscriptions  and  other  fees,  and 
to  keep  an  exact  account  of  the  Lodge  expenses." 
Webb  adds  to  these  the  further  duties  of  seeing 
"  that  the  tables  are  properly  furnished  at  refresh- 

*  The  jewels  of  the  Deacons  are  a  square  and  compasses,  with  the  sun  in 
the  centre  for  the  Seuior,  and  the  moon  for  the  Junior.  In  England  the 
jewel  is  a  dove  in  its  flight.  The  Deacons  always  carry  rods  as  the  insignia 
of  their  office. 


390  STEWAKDH. 

ment,  and  that  every  brother  is  suitably  provided 
for/7  and  he  makes  them  the  assistants  generally  of 
the  Deacons  and  other  officers  in  performing  their 
respective  duties.* 

There  can  be  no  doubt,  from  the  nature  of  the 
office  in  other  institutions,  that  the  duty  of  the 
Stewards  was  originally  to  arrange,  and  direct  the 
refreshments  of  the  Lodge,  and  to  provide  accom- 
modations for  the  brethren  on  such  occasions. 
When  the  office  was  first  established,  refreshments 
constituted  an  important  and  necessary  part  of  the 
proceedings  of  every  Lodge.  Although  not  yet 
abolished,  the  Lodge  banquets  are  now  fewer,  and 
occur  at  greater  -intervals,  and  the  services  of  the 
Stewards  are  therefore  now  less  necessary,  so  far  as 
respects  their  original  duties  as  servitors  at  the 
table.  Hence  new  duties  are  beginning  to  be  im- 
posed upon  them,  and  they  are,  in  many  jurisdic- 
tions, considered  as  the  proper  officers  to  examine 
visitors  and  to  prepare  candidates. t 

The  examination  of  visitors  and  the  preparation 
of  candidates  for  reception  into  the  different  de- 
grees, requires  an  amount  of  skill  and  experience 

*  LEKNING  says  that  in  those  German  Lodges  which  have  introduced  the 
office  of  Stewards,  they  unite  the  duties  of  Deacons  and  Stewards,  and  are 
the  assistants  of  the  two  Wardens,  whose  stations  they  assume  in  their 
absence.  Encyc.  der  Freimaur  in  voce  SCHAFFNER.  They  possess  no  such 
prerogative  in  England  or  America.  The  French  Lodges  do  not  recognize 
the  office. 

t  "  To  the  Stewards  is  intrusted,  in  the  hours  of  labor,  the  preparation  of 
candidates  and  the  examination  of  visitors,  for  which  purpose  they  sh-julc] 
acquire  a  competent  knowledge  of  the  myateiifca  of  cur  institution." — J/umup 
Ttezon  of  So  Carolina,  p.  Ttt. 


TILER.  391 

which  can  be  obtained  only  by  careful  study.  It 
seems,  therefore,  highly  expedient  that  instead  of 
intrusting  these  services  to  committees  appointed  as 
occasion  may  require,  they  should  be  made  the 
especial  duty  of  officers  designated  at  their  instal- 
lation for  that  purpose,  and  who  will  therefore,  it 
is  to  be  supposed,  diligently  prepare  themselves  for 
the  correct  discharge  of  the  functions  of  their 
office. 

Preston  says  that  at  their  installation  the  Master 
and  Wardens  are  the  representatives  of  the  Mas- 
ter Masons  who  are  absent,  the  Deacons  of  the 
Fellow  Crafts,  and  the  Stewards  of  the  Entered 
Apprentices. 

The  Stewards,  like  the  Deacons,  although  not 
elected,  but  appointed,  cannot,  after  installation,  be 
removed  by  the  officer  who  appointed  them. 

I  may  remark,  in  conclusion,  that  the  office  is  one 
of  great  antiquity,  since  we  find  it  alluded  to  and 
the  duties  enumerated  in  the  Old  York  Constitu- 
tions of  926,*  where  the  Steward  is  directed  "  to 
provide  good  cheer  against  the  hour  of  refresh- 
ment," and  to  render  a  true  and  correct  accourt  of 
the  expenses. 

SECTION  VII. 

THE     TILER. 

This  is  a  very  important  office,  and  like  that  of 
the  Master  and  Wardens,  owes  its  existence,  not  to 
any  conventional  regulations,  but  to  the  very  Land- 

*  See  ante  p.  46,  point  9. 


392  TILER. 

marks  of  the  Order  ;*  for,  from  the  peculiar  natui  e 
of  our  institution,  it  is  evident  that  there  never 
could  have  been  a  meeting  of  Masons  for  Masonic 
purposes,  unless  a  Tiler  had  been  present  to  guard 
the  Lodge  from  intrusion. 

The  title  is  derived  from  the  operative  art ;  for, 
as  I  have  elsewhere  explained  it,  u  as  in  operative 
Masonry,  the  Tiler,  when  the  edifice  is  erected, 
finishes  and  covers  it  with  the  roof  (of  tiles),  so  in 
speculative  Masonry,  when  the  Lodge  is  duly  organ- 
ized, the  Tiler  closes  the  door  and  covers  the  sacred 
precincts  from  all  intrnsion."t 

The  first  and  most  important  duty  of  the  Tiler  is 
to  guard  the  door  of  the  Lodge,  and  to  permit  no 
one  to  pass  in  who  is  not  duly  qualified,  and  who 
has  not  the  permission  of  the  Master. £  Of  these 
qualifications,  in  doubtful  cases,  he  is  not  himself  to 
judge  ;  but  on  the  approach  of  any  one  who  is  un- 
known to  him,  he  should  apprize  the  Lodge  by  the 
usual  formal  method.  As  the  door  is  peculiarly 
under  his  charge,  he  should  never,  for  an  instant,  be 
absent  from  his  post.  He  should  neither  open  the 
door  himself  from  without,  nor  permit  it  to  be 
opened  by  the  Junior  Deacon  from  within,  without 
the  preliminary  alarm. 

*  See  ante  p.  26,  Landmark  11. 

t  MACKEY'S  Lexicon  of  Freemasonry.  The  French  and  German  Masons 
preserve  the  same  symbolic  idea.  In  France  the  officer  is  called  a  "  tuilleur," 
and  the  Lodge  is  said  to  1)6  covered.  In  German  Lodges  the  word  tiler  is 
literally  translated  by  the  title  "  ziegeldecker." 

$  Neither  Preston,  "Webb,  nor  any  of  the  other  monitorial  writers  until  the 
time  of  Cross,  prescribed  any  form  of  charge  at  the  installation  of  the  TDer 
Thf.  duties,  however,  were  well  understood. 


TILER.  393 

A  necessary  qualification  of  a  Tiler  is,  that  he 
should  be  a  Master  Mason.  Although  the  Lodge 
may  be  opened  in  an  inferior  degree,  no  one  who 
has  not  advanced  to  the  third  degree  can  legally 
discharge  the  functions  of  Tiler. 

As  the  Tiler  is  always  compensated  for  his 
services,  he  is  considered,  in  some  sense,  as  the 
servant  of  the  Lodge.  It  is  therefore  his  duty  to 
prepare  the  Lodge  for  its  meetings,  to  arrange  the 
furniture  in  its  proper  place,  and  during  the  com- 
munication to  keep  a  supply  of  aprons,  so  as  to  fur- 
nish each  brother  with  one  preparatory  to  his 
entrance.  He  is  also  the  messenger  of  the  Lodge, 
and  it  is  his  duty  to  deliver  to  the  members 
the  summonses  which  have  been  written  by  the 
Secretary. 

The  Tiler  need  not  be  a  member  of  the  Lodge 
which  he  tiles  ;  and  in  fact,  in  large  cities,  one 
brother  very  often  performs  the  duties  of  Tiler  of 
several  Lodges. 

The  office,  however,  in  a  subordinate  Lodge,  does 
not,  like  that  of  Grand  Tiler,  disqualify  him  for 
membership ;  and  if  the  Tiler  is  a  member,  he  is 
entitled  to  all  the  rights  of  membership,  except  that 
of  sitting  in  the  communications,  which  right  he 
has  voluntarily  relinquished  by  his  acceptance  of 
office. 

It  is  usual,  in  balloting  for  candidates,  to  call  the 
Tiler  (if  he  be  a  member)  in,  and  request  him  to  vote. 
On  such  occasions  the  Junior  Deacon  takes  his  place 
on  the  outside,  while  he  is  depositing  his  ballot. 


394  CHAPLAIN. 

The  Tiler  is  sometimes  appointed  by  the  Master, 
but  is  more  usually  elected  by  the  Lodge.*  After 
installation,  he  holds  his  office  by  the  same  tenure 
as  the  other  officers,  and  can  only  be  removed  by 
death  or  expulsion.  Of  course  the  Tiler,  like  every 
other  officer,  may,  on  charges  preferred  and  trial 
had,  be  suspended  from  discharging  the  functions  of 
his  office,  during  which  suspension  a  temporary 
Tiler  shall  be  appointed  by  the  Master.  But  as  I 
have  already  said,  such  suspension  does  not  vacate 
the  office,  nor  authorize  a  new  election. 


SECTION  VIII. 

THE      CHAPLAIN. 

I  can  find  neither  example  in  the  old  usages,  nor 
authority  in  any  of  the  Ancient  Regulations,  for  the 
appointment  of  such  an  officer  in  a  subordinate 
Lodge  as  a  Chaplain.  I  think  it  is  only  within  a 
few  years  that  some  Lodges  have  been  led,  by  an 
improper  imitation  of  the  customs  of  other  socie- 
ties, to  inscribe  him  in  the  list  of  their  officers. 

The  Master  of  a  Lodge,  by  the  ritualistic  usages 
of  the  Order,  possesses  all  the  sacerdotal  rights 
necessary  to  be  exercised  in  the  ceremonies  of  our 
institution.  There  is  therefore  no  necessity  for  a 
Chaplain,  while  I  have  no  doubt  that  as  the  ritual 
prescribes  that  certain  duties  shall  be  performed 
by  the  Master,  he  is  violating  the  Landmarks  when 

*  In  England  he  is  always  elected. 


CHAPLAIN.  895 

he  transfers  the  performance  of  those  duties  to 
another  person,  who  holds  no  office  recognized  by 
any  of  our  regulations. 

This  section  is  therefore  inserted,  not  to  prescribe 
the  duties  of  the  Chaplain  of  a  Lodge — for  I  know 
not  where  to  find  the  authority  for  them — but  to 
enable  me  to  express  my  opinion  that  the  appoint- 
ment of  Chaplains  in  subordinate  Lodges  is  an 
innovation  on  ancient  usage,  which  should  be 
discouraged. 

Of  course,  on  public  occasions,  such  as  the  cele- 
bration of  the  festivals  of  the  patron  Saints  of 
Masonry,  when  there  are  public  prayers  and  ad- 
dresses, there  can  be  no  objection,  and  indeed  it  ig 
advisable  to  invite  a  clergyman,  who  is  a  Mason,  to 
conduct  the  religious  portion  of  the  exercises. 


CHAPTER   IT. 
Units   of   ©rtrer. 

IN  all  "well  regulated  societies,  it  is  absolutely 
necessary  that  there  should  be  certain  rules,  not 
only  for  the  government  of  the  presiding  officer,  but 
for  that  of  the  members  over  whom  he  presides. 
It  is  not  so  material  what  these  rules  are,  as  that 
they  should  be  well  known  and  strictly  observed.* 
The  Parliamentary  law,  or  that  system  of  regula- 
tions which  have  been  adopted  for  the  government 
of  legislative  bodies  in  England  and  America,  and 
which  constitutes  the  basis  of  the  rules  for  conduct- 
ing business  in  all  organized  societies,  whether  pub- 
lic or  private,  in  these  countries,  is,  in  many  of  its 
details,  inapplicable  to  a  Masonic  Lodge,  whose 
Rules  of  Order  are  of  a  nature  peculiar  to  itself. 
Still  the  Masonic  rule  is,  as  it  has  been  judiciously 
expressed  by  Bro.  French,  "  that  where  well  settled 
Parliamentary  principles  can  be  properly  applied  to 
the  action  of  Masonic  bodies,  they  should  always 

*  HATSELL,  who  is  excellent  authority  on  the  subject,  says,  "  whether 
these  forms  be  in  all  cases  most  rational  or  not,  is  really  not  of  so  great  im- 
portance. It  is  much  more  material  that  there  should  be  a  rule  to  go  by 
than  what  that  rule  is.  -^Cited  in  JEFFEKSON,  Man.  p.  14 


ORDER   OF  BUSINESS.  397 

govern  ;  but  they  should  never  be  introduced  where 
they  in  any  way  interfere  with  the  established  cus- 
toms or  Landmarks  of  Masonry,  or  with  the  high 
prerogatives  of  the  Master."*  In  the  discussion  of 
this  subject,  it  is  not  proposed,  in  the  present  chap- 
ter, to  give  anything  more  than  a  mere  outline  of 
the  usage  to  be  pursued  in  conducting  the  business 
of  a  Lodge  ;  for  many  of  the  most  important  regula- 
tions to  be  observed  will  be  found  under  appropri- 
ate heads,  interspersed  throughout  this  work. 

©rfcer  of  Justness* 

1.  After  a  Lodge  has  been  opened  according  to 
the  formalities  of  the  Order,  the  first  thing  to  be 
done  is  the  reading  of  the  minutes  of  the  preceding 
communication.     These  are  then  to  be  corrected 
and  confirmed  by  a  vote  of  the  Lodge. 

2.  But  to  this  rule  there  is  this  qualification,  that 
the  minutes  of  a  regular  or  stated  communication 
cannot  be  altered  or  amended  at  a  special  one.t 

3.  The  Lodge  being  opened  and  the  minutes  read, 
it  may  then  proceed  to  business,  which  will  generally 
commence  with  the  consideration  of  the  unfinished 
business  left  over  from  the  last  meeting.     But  the 
order  of  business  is  strictly  under  the  direction  of 
the  Master,  who  may  exercise  his  own  discretion  in 

*  Application  of  Parliamentary  Law  to  the  Government  of  Masouir: 
Bodies. — Americ.  Quart.  Rev.  of  Freemas.,  vol.  i.  p.  325. 

t  "  No  Lodge  can,  at  an  extra  meeting,  alter  or  expunge  the  proceedings 
of  a  regular  meeting." — Ahim.  Rez.  So.  Ca.  p.  84,  ed.  1852 


398  ORDER   OP   BUSINESS. 

the  selection  of  the  matters  which  are  to  come  be 
fore  the  Lodge,  subject,  of  course,  for  an  arbitrary 
or  oppressive  control  of  the  business  to  an  appeal 
to  the  Grand  Lodge. 

4.  No  alarms  should  be  attended  to  at  the  door, 
nor  members  or  visitors  admitted  during  the  time 
of  opening  or  closing  the  Lodge,  or  reading  the 
minutes,  or  conferring  a  degree. 

5.  All  votes,  except  in  the  election  of  candidates, 
members  or  officers,  must  be  taken  by  a  show  of 
hands,*  and  the  Senior  Deacon  will  count  and  re- 
port to  the  Master,  who  declares  the  result. 

6.  No  Lodge  can  be  resolved  into  a  "  committee 
of  the  whole/7  which  is  a  parliamentary  proceeding, 
utterly  unknown  to  Masonry  .f 

7.  The  minutes  of  a  meeting  should  be  read  at  its 
close,  that  errors  may  at  once  be  corrected  and 
omissions  supplied  by  the  suggestion  of  those  who 
were  present  during   the   transactions  ;  but  these 
minutes  are  not  to  be  finally  confirmed  until  the 
next  regular  communication. 

*  On  the  6th  April,  1736,  the  following  regulation  was  adopted  by  the 

Grand  Lodge  of  England See  ANDERSON,  second  edit.  p.  178.  "  The 

opinions  or  votes  of  the  members  are  always  to  be  signified  by  each  holding 
up  one  of  his  hands,  which  uplifted  hands  the  Grand  Wardens  are  to  count, 
unless  the  number  of  hands  be  so  unequal  as  to  render  the  counting  useless. 
Nor  should  any  o'her  kind  of  division  be  ever  admitted  among  Masons." 
The  Grand  Lodge  of  South  Carolina  says  the  right  hand,  the  Grand  Lc'lge 
of  New  York,  the  left.  I  adopt  the  middle  course,  and  adhere  to  the  original 
regulation,  which  leaves  it  indifferent  which  hand  is  u^ed. 

t  "  Committees  of  the  whole  are  utterly  out  of  place  in  a  Masonic  bcdy. 
Lodges  can  only  do  business  with  the  Master  in  the  chair." — FRENCH,  wi 


RULES   OF  DEBATE.  390 

8.  Masonic   decorum  requires   that   daring   the 
transaction  of  business,  the  brethren  shall  not  enter- 
tain any  private  discourse,  nor  in  any  other  wav 
disturb  the  harmony  of  the  Lodge.* 

11  u Irs  Of  jDrfiatr, 

9.  No  brother  can  speak  more  than  once  on  any 
subject  without  the  permission  of  the  chair.t 

10.  Every  brother  must  address  the  chair  stand- 
ing ;  he  must  confine  himself  to  the  question  under 
debate,  and  avoid  personality. 

11.  Any  brother  who  transgresses  this  rule  may 
be  called  to  order,  in  which  case  the  presiding  offi- 
cer shall  immediately  decide  the  point  of  order, 
from  which  decision  there  can  be  no  appeal  to  the 
Lodge.    - 

12.  When  two  or  more  brethren  rise  at  once  in  a 
debate,  the  Master  shall  name  the  brother  who  is 
first  to  speak. 

13.  No  motion  can  be  put  unless  it  be  seconded, 
and  if  required,  it  must  be  reduced  to  writing. 

14.  Before  the  question  is  put  on  any  motion,  it 
should  be  distinctly  stated  by  the  chair. 

*  "  You  are  not  to  hold  private  committees,  or  separate  conversation, 
without  leave  from  the  Master,  nor  to  talk  of  anything  impertinent  or  un 
seemly,  nor  interrupt  the  Master  or  Wardens,  or  any  brother  speaking  to  the 
Master."—  Charges  0/1721. 

f  "  No  brother  is  to  speak  but  once  to  the  same  affair,  unless  to  explain 
himself,  oj  when  called  by  the  chair  to  speak."— Regulation  adopted  Af*i\ 
21, 1730.  A.NDERSON,  second  edit.  p.  177. 


100  RULES   OF   DEBATE. 

15.  When  a  question  is  under  debate,  no  motion 
can  be  received  but  to  lie  on  the  table ;  to  postpone 
to  a  certain  time  ;  to  commit ;  to  amend,  or  to  post- 
pone indefinitely,  which  several  motions,  by  Par- 
liamentary usage,  have  precedence  in  the  order  in 
which  they  are  arranged ;  and  no  motion  to  post- 
pone to  a  certain  time,  to  commit,  or  to  postpone 
indefinitely,  being  decided,  is  again  allowed  at  the 
same  communication. 

16.  When  motions  are  made  to  refer  a  subject  to 
different  committees,  the  question  must  be  taken  in 
the  order  in  which  the  motions  were  made. 

17.  When  a  motion  has  been  once  made  and  car- 
ried in  the  affirmative  or  negative,  it  is  in  order  for 
any  member  who  voted  in  the  majority  to  move 
for   a  reconsideration   thereof  at  the   same   com- 
munication. 

18.  When  an  amendment  is  proposed,  a  member 
who  has  already  spoken  to  the  main  question  may 
again  speak  to  the  amendment. 

19.  Amendments  may  be  made  so  as  totally  to 
alter  the  nature  of  the  proposition,  and  a  new  reso- 
lution may  be  ingrafted,  by  way  of  amendment,  on 
the  word  "  resolved." 

20.  When  a  blank  is  to  be  filled,  and  various  pro- 
positions have  been  made,  the   question  must  be 
taken  first  on  the   highest  sum  or  the  latest  time 
proposed. 

21.  Any  member  may  call  for   a  division  of  a 
question,  which  division  will  take  place  if  a  ma- 
jority of  the  members  consent. 


COMMITTEES.  40  J 

22.  A  motion  to  lie  on  the  table  is  not  debate- 
able,  nor  is  one  in  the  Grand  Lodge  to  close  the 
session  on  a  given  day.* 

23.  A  motion  for  adjournment  is  uninasonic,  and 
caiinot  be  entertained. t 

24.  No  motion  for  the  "  previous  question"  can 
be  admitted.! 

Committees. 

25.  All   committees  must  be  appointed  by  the 
chair,  unless  otherwise  specially  provided  for,  and 
the  first  one  named  on  the  committee  will  act  as 
chairman  ;   but  no  one  should  be  appointed  on  a 
committee  who  is  opposed  to  the  matter  that  is 
referred.§ 

26.  A  committee  may  meet  when  and  where  it 
pleases,  if  the  Lodge  has  not  specified  a  time  and 
place.     But  a  committee  can  only  act  when  together, 
and  not  by  separate  consultation  and  consent.ll 

27.  The  report  of  a  committee  may  be  read  by 
the  chairman,  or  other  member  in  his  place,  or  by 
the  Secretary  of  the  Lodge. 

*  These  rules  of  debate,  from  ten  to  twenty-two,  are  derived  from  we!' 
known  principles  of  Parliamentary  law,  but  are  strictly  applicable  to  the  con- 
duct of  business  in  Masonic  Lodges. 

t  The  Master  alone  has  the  right  of  closing  his  Lodge,  and  a  motion  for 
adjournment  would  necessarily  interfere  with  his  prerogative. 

%  "  The  previous  question  being  unknown  to  Ancient  Masonry,  should  find 
no  resting  place  in  a  regular  Masonic  Lodge." — Com.  of  Corresp.  G.  L.  of 
Vermont.  1851. 

§  On  the  principle  that  "  the  child  is  not  to  be  put  to  a  nurse  that  cares 
not  for  it." — GREY,  cited  by  JEFFERSON,  Man.  p.  52. 

||  "  Nothing  is  the  report  of  the  committee  bu.t  what  has  been  agreed  to  ir 
committee  actually  assembled." — .JEFFERSON,  p.  53. 


402  ELECTIONS. 

28.  A  majority  of    a  committee   constitutes  a 
quorum  for  business. 

29.  When  a  report  lias  been  read,  if  no  objections 
are  made,  it  is  considered  as  accepted  ;  but  if  ob- 
jections are  made,  the  question  must  be  put  on  its 
acceptance. 

30.  If  the  report  contains  nothing  which  requires 
action,  but  ends  with  resolutions,  the  question  must 
be  on  agreeing  to  the  resolutions. 

31.  If  the  report  embodies  matters  of  legislation, 
the  question  must  be  on  adopting  the  report,  and 
on  agreeing  to  the  resolutions,  if  resolutions  are  ap- 
pended ;  but  if  there  is  no  action  recommended  by 
the  report,  and  no  resolutions  are  appended  to  it, 
the  acceptance  of  the  report,  either  tacitly  or  by 
vote,  disposes  of  it. 

32.  Reports  may  be  recommitted  at  any  time 
before  final  action  has  been  taker  on  them. 


33.  The  election  of  candidates  for  initiation,  or 
of  Masons  for  affiliation,  must  be  conducted  with 
white  and  black  balls,  and  the  result  will  be  de- 
clared  by   the   Junior   and  Senior  Wardens  and 
Master,  in  rotation,  after  inspection. 

34.  When  the  report  of  a  committee  on  a  petition 
for  initiation  or  affiliation  is  unfavorable,  it  is  un- 
necessary to  proceed  to  a  ballot  ;  for,  as  the  vote 
must  be  unanimous,  the  unfavorable  opinion  already 
expressed  of  at  least  two  members  of  the  committee 
is  in  itself  a  rejection.     It  is  not  to  be  presumed 


ELECTIONS.  403 

that  the  committee  would  report  against  and  vote 
for  the  candidate.  Of  course  it  is  to  be  understood 
in  these  cases  that  an  unfavorable  report  by  a  com- 
mittee is  equivalent  to  a  rejection.  But  some  Grand 
Lodges  have  said  that  a  ballot  must  be  taken  in  all 
cases,  and  this,  though  not  the  general  usage,  is  no 
violation  of  a  landmark. 

35;  In  an  election  for  officers,  two  tellers  are  to  be 
appointed  to  receive  and  count  the  votes,  and  the 
result  must  be  declared  by  the  Master. 

36.  Nominations  of  candidates  for  office  are  in 
order,  and  according  to  ancient  usage,*  but  if  a 
member  is  elected  who  had  not  been  nominated,  the 
election  will  still  be  valid  ;  for  a  nomination,  though 
permitted,  is  not  absolutely  essential. 

37.  Where  the  by-laws  of  a  Lodge  do  not  pro- 
vide otherwise,  the  election  of  an  officer  may  be 
taken  by  a  show  of  hands,  if  there  be  no  opposing 
candidate. f 

In  conclusion,  to  oorrow  the  language  of  Bro. 
French,  from  the  able  article  already  quoted,  "  let 
me  say  that  no  general  rules  can  be  laid  down  that 
will  meet  all  special  cases  ;  and  proper  considera- 
tion and  good  judgment  will  almost  always  lead  a 
properly  qualified  Master  to  decide  right." 

*  The  old  records  tell  us  that  on  June  24, 1717,  "  before  dinner,  the  oldest 
Master  Mason  (now  the  Master  of  a  Lodge)  in  the  chair,  proposed  a  list  of 
proper  candidates  ;  and  the  brethren,  by  a  majority  of  hands,  elected  Mr. 
Anthony  Sayre,  gent.,  Grand  Master  of  Masons."— ANDERSON,  sec.  ed.p.  109. 

f  But  if  the  by-laws  require  a  ballot,  it  must  be  taken,  even  if  there  be  nc 
opposition  ;  for  a  subordinate  Lodge  cannot  suspend  its  by-laws,  although  a 
Grand  Lodge  can,  by  unanimous  consent. 


BOOK  V. 


relating  h  (Jranb 


LODGES  are  the  aggregations  of  Masons  as  individuals  in 
their  primary  capacity.  Grand  Lodges  are  the  aggregations 
of  subordinate  Lodges  in  their  representative  capacity.  The 
regular  progress  of  our  inquiries  has  hitherto  been  from  the 
candidate  to  the  Mason,  and  from  the  Mason  to  the  Lodge. 
I  now  complete  the  series  by  passirg  from  the  Lodge  to  the 
Grand  Lodge.  This  will  therefore  be  the  subject  matter  of 
the  Fifth  Book. 


CHAPTER   I. 

» 

CTije  Xature  of  a  CSrantr  3Lo&ije, 

» 

LEAKING  defines  a  Grand  Lodge  to  be  •'  the  dog- 
matic and  administrative  authority  of  several  par- 
ticular Lodges  of  a  country  or  province,  which  is 
usually  composed  of  the  Grand  officers  and  of  the 
presiding  officers  of  these  particular  Lodges,  or 
of  their  deputies,  and  which  deliberates  for  their 
general  good.77* 

The  Old  Charges  of  1722  gave  a  more  precise 
definition,  and  say  that  "  the  Grand  Lodge  consists 
of,  and  is  formed  by,  the  Masters  and  Wardens  of 
all  the  regular  particular  Lodges  upon  record,  with 
the  Grand  Master  at  their  head,  and  his  Deputy  on 
his  left  hand,  and  the  Grand  "Wardens  in  their 
proper  places.  77t 

Both  these  definitions  refer  to  an  organization 
which  is  comparatively  modern,  and  which  dates  it3 
existence  at  a  period  not  anterior  to  the  beginning 
of  the  last  century.  Perfectly  to  understand  the 
nature  of  a  Grand  Lodge,  and  to  comprehend  the 

*  Encyclopadie  der  Freimaurerei,  word  Orient. 

t  ANDERSON'S  Coast,  first  edit.  p.  61  and  ante  p.  68. 


i08  NATURE   OF   A  GRAND   LODGE. 

process  by  which  such  a  body  has  changed  its 
character,  from  an  aggregation  of  all  the  Masons 
living  in  a  particular  jurisdiction,  to  a  representa- 
tive body,  in  which  all,  except  a  select  few,  have 
been  excluded  from  its  deliberations,  we  must  go 
back  to  the  earlier  published  records  that  we  pos- 
sess tff  the  history  of  the  institution. 

The  duty,  as  well  as  the  right  of  the  craft,  to  hold 
an  Annual  Meeting,  in  which  they  might  deliberate 
on  the  state  of  the  Order,  and  make  necessary 
general  laws  for  its  government,  may  be  considered, 
in  consequence  of  its  antiquity  and  its  universality, 
to  possess  all  the  requisites  of  a  Landmark. 

The  first  written  notice  that  we  have  of  the 
existence  of  a  Grand  Lodge  or  General  Assembly 
of  the  fraternity,  is  contained  in  the  old  manuscript 
of  Nicholas  Stone,  which  Preston  tells  us  was,  witli 
many  others,  destroyed  in  the  year  1720,  but  of  a 
portion  of  which  Anderson,  as  well  as  Preston,  gives 
a  copy  in  the  second  edition  of  his  Book  of  Consti- 
tutions.* We  are  there  informed  that  about  the 
year  293,t  St.  Alban,  the  proto-martyr  of  England, 
who  was  a  great  patron  of  the  fraternity,  obtained 
a  charter  from  Carausius  to  permit  the  Masons  to 
hold  a  general  council,  to  which  he  gave  the  name 

*  See  ANDERSON,  second  edit  p.  57.  Let  me  here  remark,  thal^whatever 
may  be  said  against  the  edition  of  ANDERSON,  published  in  1738,  and  which 
is  the  last  that  he  edited,  on  account  of  the  changes  which  it  contains  in  the 
Charges  of  1722,  it  is  infinitely  superior  in  the  historical  part  to  the  first  edi- 
tion of  1723,  whose  meager  and  unsatisfactory  details  have  justly  been  the 
cause  of  much  complaint. 

f  This  is  the  date  given  by  RESOLD.— Hist,  de  la  Francma$on,  p.  95. 


NATURE  OF  A  GRAND  LODGE.       409 

of  Assembly,  and  over  which  he  presided  as  Grand 
Master. 

In  consequence  of  the  subsequent  political  condi- 
tion of  England,  Masonry,  with  the  other  arts  and 
sciences,  declined,  and  it  is  not  probable  that  the 
annual  assemblies  of  the  fraternity  were  regularly 
maintained.  About  the  beginning  of  the  tenth 
century,  however,  the  institution  revived,  and 
Prince  Edwin,  the  brother*  of  King  Athelstan, 
obtained  from  that  monarch  a  charter  for  the 
Masons  to  renew  their  General  Assembly  or  Grand 
Lodge, 

Accordingly,  in  the  year  926,  says  Anderson, 
"  Prince  Edwin  summoned  all  the  Free  and  Accepted 
Masons  in  the  realm  to  meet  him  in  a  congregation 
at  York,  who  came  and  formed  the  Grand  Lodge 
under  him  as  their  Grand  Master. "t 

This  was  an  important  communication,  for  it  was 
here  that  the  Old  York  or  Gothic  Constitutions 
were  framed — the  oldest  copy  that  is  extant  of  a 
code  of  Masonic  Regulations,  and  which  formed  the 
basis  of  all  the  Constitutions  that  were  subsequently 
adopted.f 

In  these  Constitutions  we  find  the  assertion  of  the 
right  and  duty  of  all  the  members  of  the  craft  to 
attend  the  communications  of  the  Grand  Lodge,  and 

*  In  the  first  edition  of  Anderson  he  is  called  "  the  youngest  son,"  an 
error  which  was  corrected  in  the  second  and  subsequent  editions, 

t  ANDERSON,  second  edit.  p.  64. 

t  See  a  condensed  exemplar  of  these  Constitutions  at  page  42  of  this 
work, 

18 


Ill)        NATURE  OP  A  GRAND  LODGE. 

also  a  brief  summary  of  the  organization  and  func 
tions  of  that  body.* 

There  is  one  peculiarity  about  these  Constitutions 
which,  in  passing,  I  desire  to  notice,  as  it  is  con- 
nected with  the  legal  history  of  Grand  Lodges. 
The  Fellow  Crafts  were  permitted  to  attend  the 
General  Assembly,  but  the  Apprentices  are  not 
alluded  to,  because  they  were  not,  at  that  time,  con- 
sidered as  "  men  of  the  craft.77 
•  It  is  probable  that  from  that  time  the  Annual 
Grand  Lodges  continued  to  be  held,  although  not 
with  uninterrupted  regularity  ;  for,  while  Masonry 
flourished  under  some  of  the  English  monarchs, 
under  others  it  declined.  At  all  events  we  learn 
from  an  ancient  record,  a  copy  of  which  is  given  by 
Anderson,  that  in  the  reign  of  Edward  III.  a  Grand 
Lodge  was  held,  and  certain  important  regulations 
enacted  for  the  government  of  the  craft.  This 
was  between  the  years  1327  and  1377,  but  the 
exact  date  is  not  furnished  by  either  Preston  or 
Anderson.t 

*  "  They  ordained  there  an  assembly  to  be  held 

Every  year,  wheresoever  they  would, 

To  amend  errors,  if  any  were  found, 

Among  the  craft  within  the  land  ; 

Each  year  or  third  year  it  should  be  held, 

In  every  place  wheresoever  they  would  ; 

Time  and  place  must  be  ordained  also 

In  which  place  they  should  assemble  ; 

All  the  men  of  the  craft  must  be  there." 

--Gothic  Constitutions,  lines  471-479.    I  have  modernized  the  orthography, 
which,  without  affecting  the  meaning,  has  destroyed  the  very  little  pretension 
that  the  original  had  to  rhyme.    OLIVER'S  condensation  of  this  "  ordinance" 
will  be  found  in  the  present  work  at  p.  47. 
t  ANHEKSON,  second  edit.  p.  71 ;  PIIESTON,  p.  137. 


NATURE  OF  A  GRAND  LODGE.        Ill 

In  1425,  these  meetings  still  continued,  for  in 
that  year,  in  the  reign  of  Henry  VI.,  Parliament 
passed  an  act  to  prohibit  "  the  yearly  congregations 
and  confederacies  made  by  Masons  in  their  general 
assemblies.77* 

This  act  was,  however,  we  are  informed,  never 
enforced  ;  and  we  again  hear  of  the  General  As- 
sembly as  having  met  in  1434. 

In  the  reign  of  Queen  Elizabeth,  on  the  27th  De- 
cember, 1561,  we  have  an  account  of  a  Grand  Lodge 
which  was  held  at  York — Sir  Thomas  Sackville 
being  Grand  Master  ;  and  the  record  is  singular,  in- 
asmuch as  it  states  two  important  facts,  namely,  that 
several  persons  were  made  Masons  by  the  Grand 
Lodge,  and  that  after  they  were  made,  they  joined 
in  the  communication,t  which  proves  that  the  custom 
still  continued  of  admitting  all  members  of  the  craft 
to  assist  in  the  General  Assembly. 

The  next  Grand  Lodge,  whose  communication, 
was  of  such  importance  as  to  entitle  it  to  a  place  in 
the  records  of  the  institution,  was  that  which  was 
held  on  the  27th  December,  1663,  when  the  Earl  of 
St.  Albans  was  Grand  Master,  and  when  several 
judicious  regulations  were  enacted 4 

From  this  time  General  Assemblies  were  annually 
held,  both  at  York  and  London,  until  the  beginning 
of  the  eighteenth  century,  when,  owing  to  the 

*  ANDERSON,  second  edit.  p.  74  ;  PRESTON,  p.  141. 

f  This  was  the  celebrated  meeting  to  which  Queen  Elizabeth  sent  tin 
armed  force  to  break  up  the  assemblage.  See  ANDERSON,  second  edit,  p 
91,  and  PRESTON,  p.  154. 

i  ANDERSON  second  edit  p.  101. 


412        NATURE  OF  A  GRAND  LODGE. 

neglect  of  Sir  Christopher  Wren,  the  Grand  Master, 
knd  to  some  other  causes,  the  Annual  Assembly,  we 
are  told,  was  not  duly  attended.* 

But  now  we  arrive  at  an  important  era  in  the  his- 
tory of  Masonry.  In  1716,  there  were  only  four 
Lodges  in  existence  in  London,  and  no  others  in  the 
whole  south  of  England.  These  four  Lodges  deter- 
mined, if  possible,  to  revive  the  institution  from  its 
depressed  state,  and  accordingly  they  met  in  Febru- 
ary. 1717,  at  the  Apple-tree  Tavern,  (whose  name 
has  thus  been  rendered  famous  for  all  time,)  and 
after  placing  the  oldest  Master  Mason,  who  was  the 
Master  of  a  Lodge,  in  the  chair,  they  constituted 
themselves  into  a  Grand  Lodge,  and  resolved,  says 
Preston,  "  to  revive  the  quarterly  communications 
of  the  fraternity."  On  the  following  St.  John  the 
Baptist's  day,  the  Grand  Lodge  was  duly  organized, 
and  Mr.  Anthony  Sayre  was  elected  Grand  Master, 
who  "  appointed  his  Wardens,  and  commanded  the 
brethren  of  the  four  old  Lodges  to  meet  him  and 
the  Wardens  quarterly  in  communication. "t  From 
that  time  Grand  Lodges  have  been  uninterrupt- 
edly held,  receiving,  however,  at  different  periods, 
various  modifications,  which  are  hereafter  to  be 
noticed. 

The  records  from  which  this  brief  history  has 
oeen  derived,  supply  us  with  several  facts,  from 
which  we  may  elicit  important  principles  of  law. 

*  ANDERSON,  second  edit.  p.  108. 

1 1  again  quote  the  words  of  PRESTON,  but  ANDERSON  says  he  commanded 
"  the  Masters  and  Wardens." 


NATURE  OF  A  GRAND  LODGE.        4x3 

In  the  first  place,  we  find  that  originally  the 
meetings  of  the  fraternity  in  their  General  Assembly 
or  Grand  Lodge,  were  always  annual.  The  old 
York  Constitutions,  it  is  true,  say  that  the  assembly 
might  be  held  triennially  ;  but  wherever  spoken  of, 
in  subsequent  records,  it  is  always  as  an  Annual 
Meeting.  It  is  not  until  1717  that  we  find  anything 
said  of  quarterly  communications  ;  and  the  first  al- 
lusion to  these  subordinate  meetings  in  any  printed 
work,  to  which  we  now  have  access,  is  in  1738,  in 
the  edition  of  the  Constitutions  published  in  that 
year.  The  expression  there  used  is  that  the  quar- 
terly communications  were  "  forthwith  revived." 
This  of  course  implies  that  they  had  previously 
existed  ;  but  as  no  mention  is  made  of  them  in  the 
Regulations  of  1663,  which,  on  the  contrary,  spealt 
expressly  only  of  an  "  Annual  General  Assembly," 
I  feel  authorized  to  infer  that  quarterly  communica- 
tions must  have  been  first  introduced  into  the  Ma- 
sonic system  after  the  middle  of  the  seventeenth 
century.  They  have  not  the  authority  of  antiquity, 
and  have  been  very  wisely  discarded  by  nearly  all 
the  Grand  Lodges  in  this  country. 

In  the  next  place,  it  will  be  observed  that  at  the 
Annual  Assembly,  every  member  of  the  craft  was 
permitted  to  be  present,  and  to  take  a  part  in  the 
deliberations.  But  by  members  of  the  craft,  in  the 
beginning,  were  meant  Masters  and  Fellows  only. 
Apprentices  were  excluded,  because  they  were  not 
entitled  to  any  of  the  privileges  of  craftsmen. 
They  were  not  free,  but  bound  to  their  Masters,  and 


NATURE  OF  A  GRAND  LODGE. 

in  the  same  petition  that  Apprentices  now  arc  in 
any  of  our  trades  or  mechanical  employments.  The 
institution  was  then  strictly  operative  in  its  charac- 
ter ;  and  although  many  distinguished  noblemen 
and  prelates  who  were  not  operative  Masons,  were, 
even  at  that  early  period,  members  of  the  Order 
and  exalted  to  its  highest  offices,  still  the  great  masi 
of  the  fraternity  were  operative,  the  workmen  were 
engaged  in  operative  employments,  and  the  institu- 
tion was  governed  by  the  laws  and  customs  of  an 
operative  association. 

In  this  respect,  however,  an  important  change 
was  made,  apparently  about  the  beginning  of  the 
eighteenth  century,  which  had  a  remarkable  effect 
on  the  character  of  the  Grand  Lodge  organization. 
Preston  tells  us  that  at  that  time  a  proposition  was 
agreed  to  "  that  the  privileges  of  Masonry  should  no 
longer  be  restricted  to  operative  Masons,  but  extend 
to  men  of  various  professions,  provided  they  were 
regularly  approved  and  initiated  into  the  Order."* 
Now,  as  it  is  known  that  long  before  that  period 
"  men  of  various  professions"  had  been  admitted 
into  the  Order,  and  as  we  find  a  king  presiding  as 
Grand  Master  in  1502,  and  many  noblemen,  pre- 
lates, and  distinguished  statesmen  occupying  the 
same  post,  before  and  after  that  period,  it  is  evident 
that  this  Regulation  must  be  construed  as  meaning 
that  the  institution  should  throw  off  from  that  time 
its  mixed  operative  and  speculative  character,  and 
become  entirely  speculative.  And  we  aro  war- 

*   PllESTON,  p.  ISO. 


NATURE  OF  A  GRAND  LODGE.        415 

ranted  in  making  this  conclusion  by  the  facts  of 
history. 

In  1717,  and  very  soon  after,  we  find  such  men  as 
Anderson  and  Desaguliers,  who  were  clergymen  and 
philosophers,  holding  high  positions  and  taking  an 
active  part  in  the  Order,  and  the  Society  from  that 
time  devoted  itself  to  the  pursuit  of  speculative 
science,  leaving  the  construction  of  cathedrals  and 
palaces  to  the  operative  workmen,  who,  as  such, 
were  unconnected  with  the  Order. 

Now,  the  first  effect  of  this  change  was  on  the 
character  of  the  class  of  Apprentices.  They  were 
no  longer,  as  in  the  olden  time,  youths  placed  under 
the  control  of  Masters,  to  acquire  the  mysteries  of  a 
trade,  but  they  were  men  who  had  been  initiated 
into  the  first  degree  of  a  Mystic  Association.  The 
great  object  of  the  Apprentices  in  the  operative  art 
was  to  acquire  a  knowledge  of  that  art,  and  being 
made  free  by  the  expiration  of  their  time  of  service, 
which  the  oldest  Constitutions  prescribed  should  be 
seven  years,  to  be  promoted  to  the  rank  of  Crafts; 
men,  when  they  would  be  entitled  to  receive  wages, 
and  to  have  a  voice  in  the  deliberations  of  the 
Society. 

The  Apprentices  in  the  speculative  science  but 
seldom  proceeded  further.  The  mass  of  the  old 
Society  consisted  of  Fellows,  or  Fellow  Crafts  ;  that 
of  the-  new  organization  was  composed  of  Appren- 
tices. The  primitive  Lodges  were  made  up  of 
Fellow  Crafts  principally  ;  the  modern  ones  of  Ap- 
prentices. Anderson,  Preston,  and  all  the  old 


NATURE  OF  A  GRAND  LODGE. 

Charges  and   Constitutions  will  afford  abundant 
proofs  of  this  fact.* 

The  Apprentices  having  thus  become  the  main 
body  of  the  fraternity,  the  necessary  result  was, 
that  occupying,  in  this  respect,  the  place  formerly 
filled  by  the  Fellow  Crafts,  they  assumed  all  the 
privileges  which  belonged  to  that  class.  And  thus 
we  arrive  at  the  fact,  and  the  reason  of  the  fact,  that 
in  1717,  at  the  re-organization  of  the  Grand  Lodge, 
Entered  Apprentices  were  admitted  to  attend  the 
Annual  Assembly  ;  and  we  can  satisfactorily  appre- 
ciate that  clause  in  the  thirty-ninth  of  the  Regula 
tions,  adopted  in  1721,  which  says  that  no  new 
regulation  should  be  adopted  until,  at  the  Annual 
Assembly  or  Grand  Feast,  it  was  offered  in  writing 
to  the  perusal  of  all  the  brethren,  "even  of  the 
youngest  Entered  Apprentice." 

From  Anderson  and  Preston,  who  are  unfortu- 
nately the  only  authorities  we  possess  on  the  condi- 
tion of  Masonry  in  England  in  the  year  1717,  we 
^are  enabled  to  collect  the  following  facts  : 

When  the  Grand  Lodge  was  re-organized  in  1717, 
all  the  members  of  the  four  Lodges  then  in  exist- 
ence had  a  right  to  be  present  at  all  the  cominuui- 

*  "  At  first  Fellow  Crafts  and  Master  Masons  could  only  be  made  in  the 
Grand  Lodge,  and  it  is  so  directed  in  the  thirteenth  of  the  Regulations  of 
1721.  But  in  November,  1725,  the  Master  and  Wardens  of  a  subordinate 
Lodge,  with  the  assistance  of  a  competent  number  of  brethren,  were  permit- 
ted to  confer  the  second  and  third  degrees." — ANDERSON,  second  edit.  p.  1GO. 
But  it  will  be  found  that  as  soon  as  the  Lodges  were  invested  with  this 
power,  the  Apprentices  began  to  lose  the  prerogative  of  attending  tl*e 
Assembly. 


NATURE  OF  A  GRAND  LODGE.        417 

cations  of  the  Grand  Lodge  ;  but  when  new  Lodges 
were  formed,  this  privilege  was  restricted  to  their 
Masters  and  Wardens,  though  it  seems  that  at  the 
Grand  Feast,  which  took  the  place  of  the  Annual 
General  Assembly,  Fellow  Crafts  and  Entered  Ap- 
prentices were  still  permitted  to  appear  and  express 
their  opinions. 

The  members  of  the  four  old  Lodges,  having  first 
secured  their  inherent  rights  by  the  adoption  of  a 
resolution  in  the  Grand  Lodge  that  no  law  should 
ever  be  passed  which  would  infringe  their  •imme- 
morial privileges,  thought  it  no  longer  necessary 
that  they  should  attend  the  communications  of  the 
Grand  Lodge  ;  and  they  too,  like  the  other  Lodges, 
trusted  implicitly  to  their  Masters  and  Wardens  as 
their  representatives  in  the  Grand  Lodge,  so  that 
soon  after  1717,  and  before  the  year  1721,  the  quar- 
terly communications  of  the  Grand  Lodge  were 
composed  only  of  the  Masters  and  Wardens  of  the 
subordinate  Lodges,  with  the  Grand  Master  and 
his  officers. 

But  the  General  Assembly  was  still  attended  by 
the  whole  of  the  craft,  whose  large  numbers  soon  be- 
gan to  prove  an  inconvenience  ;  for  we  are  informed 
by  Anderson  that  in  the  year  1721,  the  number  of 
Lodges  had  so  increased  that  the  General  Assembly, 
requiring  more  room,  was  removed  from  the  Goose* 
and-Gridiron  Ale-house  to  Stationers'  Hall.* 

*  "  PAYNE,  Grand  Master,  observing  the  number  of  Lodges  to  increase; 
and  that  the  General  Assembly  required  more  room,  proposed  the  next 
Assembly  and  feast  to  be  held  at  Stationers'  Hall,  Ludgate  Street.'' — ANDER 
SON,  second  edit.  p.  112. 


418       NATURE  OF  A  GRAND  LODGE. 

Now,  the  statement  of  these  facts  enables  us  to 
reconcile  two  apparent  contradictions  in  the  thirty 
nine  Regulations  that  were  adopted  in  1721. 

The  Twelfth  Regulation  says  that  the  Grand 
Lodge  consists  of  the  Masters  and  Wardens  only  ; 
and  yet  the  Thirty-seventh  provides  that  at  the 
Grand  Feast  the  Grand  Master  "  shall  allow  any 
Brother,  Fellow  Craft,  or  Apprentice  to  speak,  or 
to  make  any  motion  for  the  good  of  the  fraternity." 
The  apparent  contradiction  in  these  passages  may 
be  no^  readily  explained.  The  Twelfth  Regulation 
refers  to  the  quarterly  communications,  where  the 
Masters  and  Wardens  only  were  present ;  the  Thirty- 
seventh  Regulation  to  the  General  Assembly,  where 
all  the  craft  were  permitted  to  attend. 

But  this  privilege  of  attending  even  the  Annual 
Communication  was  soon  taken  from  the  members 
of  the  Lodges.  At  what  precise  period  it  is  impos- 
sible to  say,  for  the  student  of  Masonic  history 
finds  himself  repeatedly  at  fault,  not  only  from  the 
paucity  of  details  and  want  of  precision  in  the 
authorities,  but  frequently  from  the  contradictory 
statements  of  the  same  authority.  But  we  may 
gather  many  important  suggestions  from  the  regu- 
lations which  were  adopted  at  various  times,  while 
the  Grand  Lodge  appears  to  have  been  gradually 
settling  down  into  a  permanent  organization,  and 
which  will  be  found  in  the  second  and  subscquen 
editions  of  the  Book  of  Constitutions. 

Thus,  on  the  26th  of  November,  1728,  it  was 
enacted  that  if  any  officer  of  a  Lodge  could  not  at 


NATURE  OP  A  GRAND  LODGE.        419 

tend  the  meeting  of  the  Grand  Lodge,  he  might 
send  a  brother  of  that  Lodge,  "but  not  a  mere 
Entered  Apprentice."*  This  shows  that  Appren- 
tices, at  least,  were  by  this  time  disfranchised. 

Again  :  the  Thirty-ninth  Regulation,  adopted  in 
1721,  had  made  it  necessary  that  every  amendment 
to  or  alteration  of  any  of  the  Old  Regulations  must 
be  submitted,  at  the  Annual  Assembly,  to  the  perusal 
of  even  the  youngest  Apprentice,  and  be  approved 
by  a  majority  of  all  the  brethren  present.  But  on 
the  25th  of  November,  1723,  it  was  resolved  that 
any  Grand  Lodge  has  the  power  to  amend  or  explain 
any  of  the  regulations ;  and  accordingly  the  ex- 
planation is  appended  to  this  regulation  in  the 
second  edition  of  the  Book  of  Constitutions,  that 
new  regulations  may  be  made  "'without  the  con- 
sent of  all  the  brethren,  at  the  Grand  Annual 
Feast."t 

And  finally  :  on  the  6th  of  April,  1736,  a  Fortieth 
Regulation  was  adopted, .which  explicitly  declared 
"  that  no  brothers  should  be  admitted  into  the 
Grand  Lodge  but  those  that  are  the  known  mem- 
bers thereof,  viz :  the  four  present  and  all  former 
Grand  Officers,  the  Treasurer  and  Secretary,  the 
Masters  and  Wardens  of  all  regular  Lodges,  the 
Masters  and  Wardens  and  nine  more  of  the  Stew- 
ards' Lodge,  except  a  brother  who  is  a  petitioner 
or  a  witness  in  some  case,  or  one  called  in  by 
motion.  "J 

*  ANDERSON,  second  edition,  p.  159. 

f  Ibid,  p.  176.  i  Idid,  p.  176. 


120  NATURE  OF  A   GRAND   LODGE. 

Here  is  an  instance  of  that  want  of  precision 
of  which  I  have  just  complained.  This  new  regu- 
lation may  refer  only  to  the  quarterly  communi- 
cations, although  that  would  hardly  have  been 
necessary,  as  the  organization  of  those  meetings  had 
already  been  provided  for,  or  it  may  refer  to  all 
communications,  both  quarterly  and  annual.  If  the 
latter  were  the  case,  then  it  is  clearly  a  disfranchise- 
inent  of  the  Fellow  Crafts  and  Apprentices.  At  all 
events  the  spirit  of  the  regulation  shows  a  growing 
tendency  in  the  Masons  of  that  time  to  restrict  mem- 
bership in  the  Grand  Lodge  to  the  Grand  Officers 
and  Masters  and  Wardens,  and  to  make  that  body 
strictly  representative  in  its  character. 

"We  thus  learn  that  Grand  Lodges  were  at  first 
annual  assemblages,  at  which  the  Masters  and  Pel- 
lows  of  every  Lodge  were  permitted  to  be  present. 
They  next  became  quarterly,  as  well  as  annual,  and 
Apprentices,  as  well  as  Masters  and  Fellows,  were 
permitted  to  attend.  And  finally,  none  were  al- 
lowed to  participate  in  the  deliberations  except  the 
Masters  and  Wardens  of  the  Lodges. 

Let  us  now  inquire  what,  after  all  these  vicissi- 
tudes, has  at  length  been  settled  upon,  by  general 
consent,  as  the  organization  of  a  Grand  Lodge  in 
the  present  day. 

A  Grand  Lodge  may  be  defined  to  be  a  congrega- 
tion of  the  representatives  of  the  subordinate  Lodges 
in  a  jurisdiction,  with  the  Grand  Master  and  Grand 
Officers  at  their  head.  It  properly  consists  of  the 
Grand  and  Deputy  Grand  Master,  the  Grard  Ward- 


KATURE  OF  A  GBAND  LODGE.       42) 

ens,  the  Grand  Chaplain/  Grand  Treasurer  and 
Grand  Secretary,  for  the  time  being,  with  the  Mas- 
ters and  Wardens  of  the  subordinate  Lodges. 

Every  Grand  Lodge  is  competent  to  make  regu- 
lations admitting  other  members  ;  and  accordingly 
Past  Grand  Officers  and  sometimes  Past  Masters  are 
allowed  to  sit  as  members,  but  these  possess  no  such 
inherent  right,  and  must  be  indebted  for  the  privi- 
lege altogether  to  a  local  regulation. t 

The  powers  and  duties  of  Grand  Lodges  will  be 
the  subject  of  discussion  in  the  following  chapter. 

It  only  remains  to  consider  the  proper  mode  of 
organizing  a  Grand  Lodge  in  a  territory  where  no 
such  body  has  previously  existed.  Perfectly  to  un- 
derstand this  subject,  it  will  be  necessary  to  com- 
mence with  the  first  development  of  Masonry  in  any 
country. 

Let  us  suppose,  then,  that  there  is  a  territory  of 
country  within  whose  political  bounds  Freemasonry 
has  never  yet  been  introduced  in  an  organized  form. 
There  may  be,  and  indeed  for  the  execution  of  the 
law  which  is  about  to  be  explained,  there  must  be 
an  adequate  number  of  Master  Masons,  but  there  is 
no  Lodge.  Now,  the  first  principle  of  Masonic  law 

*  IB  the  Thirteenth  Regulation  of  1721,  the  Grand  Chaplain  is  not  men- 
tioned, but  at  that  time  the  office  did  not  exist.  It  is  clear  that  after  the 
establishment  of  the  office  among  the  Grand  Officers,  he  should  be  entitled  to 
all  the  privileges  belonging  to  the  rest  of  his  class. 

f  "  Thus  the  privilege  of  membership  in  the  Grand  Lodge  was  extended  by 
a  special  regulation  in  1724  to  Past  Grand  Masters,  in  1725  to  Past  Depu- 
ties, and  in  1727  to  Past  Grand  Wardens." — ANDERSON,  second  edition 
pp. 158-159. 


4:22  MATURE  OP  A  GRAND  LODGE. 

to  which  attention  is  to  be  directed,  in  this  condi- 
tion of  things,  is,  that  any  territory  into  which 
Masonry  has  not  been  introduced  in  the  organized 
form  of  Lodges,  is  ground  common  to  all  the  Ma- 
sonic authorities  of  the  world ;  and  therefore  that 
it  is  competent  for  any  Grand  Lodge  to  grant  a 
warrant  of  constitution,  and  establish  a  Lodge  in 
such  unoccupied  territory,  on  the  petition,  of  course, 
of  a  requisite  number  of  Masons.  And  this  right 
of  granting  warrants  inures  to  every  Grand  Lodge 
in  the  world,  and  may  be  exercised  by  as  many  as 
choose  to  do  so,  as  long  as  no  Grand  Lodge  is 
organized  in  the  territory.  So  that  there  may  be 
ten  or  a  dozen  Lodges  working  at  the  same  time  in 
the  same  territory,  and  each  one  of  them  deriving 
its  legal  existence  from  a  different  Grand  Lodge.* 

In  such  a  case,  neither  of  the  Grand  Lodges  who 
have  granted  warrants  acquires,  by  any  such  act, 
exclusive  jurisdiction  over  the  territory,  which  is 
still  open  for  the  admission  of  any  other  Grand 
Lodge,  with  a  similar  power  of  granting  warrants. 
The  jurisdiction  exercised  in  this  condition  of  Ma- 
sonry by  the  different  Grand  Lodges,  is  not  over 
the  territory,  but  over  the  Lodge  or  Lodges  which 
each  of  them  has  established. 

But  afterwards  these  subordinate  Lodges  may 
desire  to  organize  a  Grand  Lodge,  and  they  are 
competent  to  do  so,  under  certain  restrictions. 

*  "  Thus,  at  the  time  of  the  organization  of  the  Grand  Lodge  of  California 
In  1850,  there  were  five  Lodges  in  that  State  working  under  the  authority  of 
the  Grand  Lodges  of  the  District  of  Columbia,  Connecticut,  Missouri,  New 
Jersey  and  1  xmlsiana."—  Trans.  Gr.  L.  California,^.  12. 


NATURE  OF  A  GRAND  LODGE.        423 

In  the  first  place,  it  is  essential  that  not  less  than 
fhree  Lodges  shall  unite  in  forming  a  Grand  Lodge. 
Dermott,  without  any  other  authority  that  I  can 
discover  than  his  own  ipse  dixit,  says  that  not  less 
tli&nfive  Lodges  must  concur  in  the  formation  of  a 
Grand  Lodge,*  and  Dr.  Dalcho,  who  was  originally 
an  "  ancient  York  Mason."  repeats  the  doctrine  ;t 
but  if  this  be  the  true  state  of  the  law,  then 
the  Grand  Lodge  of  England,  which  was  organized 
in  1717,  with  the  concurrence  of  only  four  Lodges, 
must  have  been  irregular.!  The  fact  is  that  there 
is  no  ancient  regulation  on  the  subject ;  but  the 
necessity  of  three  Lodges  concurring  is  derived 
from  the  well  known  principle  of  the  civil  law  that 
a  college  or  corporate  body  must  consist  of  three 
persons  at  least. §  Two  Lodges  could  not  unite  in 
a  Masonic  college  or  convention,  nor  form  that  cor- 
porate body  known  as  a  Grand  Lodge.  But  not 
more  than  three  are  necessary,  and  accordingly  the 
Grand  Lodge  of  Texas,  which  was  established  in 
1837,  by  three  Lodges,  was  at  once  recognized  as 
regular  and  legal  by  all  the  Grand  Lodges  of  the 
United  States  and  other  countries. 

*  Ahiman  Rezcn,  p.xiii.  third  edit.  f  Ibid,  p.  154,  edit.  1822. 

]  The  Grand  Lodge  of  Ohio  was  organized  in  1808  by  only  four  Lodges, 
and  some  doubt  was  expressed  at  the  time  by  the  members  of  the  regularity 
of  the  organization.  A  committee  was  appointed  to  investigate  the  question, 
of  which  Bro.  Lewis  Cass— since  distinguished  for  his  investigations  in  another 
field— was  the  chairman.  The  committee  reported  the  example  of  the  Grand 
Lodge  of  England  as  a  precedent,  and  the  organization  was  consummated. 
It  is  strange  that  any  doubt  should  have  been  entertained  on  the  subject,  a« 
the  only  authority  for  five  Lodges  which  at  that  time  could  have  been  quoted 
was  the  spurious  one  of  Dermott. 

§  Tres  faciunt  collegium. 


4:24  NATURE   OF   A   GRAND    LODGE. 

As  soon  as  the  new  Grand  Lodge  is  organized, 
it  will  grant  warrants  to  the  Lodges  which  formed 
it,  to  take  effect  upon  their  surrendering  the  war- 
rants under  which  they  originally  acted  to  the 
Grand  Lodges,  from  which  they  had  derived  them 
There  is  no  regulation  prescribing  the  precise  time 
at  which  these  warrants  are  to  be  surrendered  ;  but 
it  seems  reasonable  to  suppose  that  they  could  not 
surrender  them  before  the  new  Grand  Lodge  is 
organized,  because  the  surrender  of  a  warrant  is  the 
extinction  of  a  Lodge,  and  the  Lodges  must  pre- 
serve their  vitality  to  give  them  power  to  organize 
the  new  authority. 

The  Grand  Lodge  thus  formed,  by  the  union  of 
not  less  than  three  Lodges  in  convention,  at  once 
assumes  all  the  prerogatives  of  a  Grand  Lodge,  and 
acquires  exclusive  Masonic  jurisdiction  over  the 
territory  within  whose  geographical  limits  it  has 
been  constituted.  No  Lodge  can  continue  to  exist, 
or  be  subsequently  established  in  the  territory,  ex- 
cept under  its  authority  ;  and  all  other  Grand 
Lodges  are  precluded  from  exercising  any  Masonic 
authority  within  the  said  territory. 

These  are  all  principles  of  Masonic  law  which 
seem  to  be  admitted  by  universal  consent,  and  sanc- 
tioned by  constant  usage  in  such  organizations. 


CHAPTER   II. 
$otorrs  of  a  (£rairtr  Hofcge, 


A  GRAND  Lodge  is  the  supreme  Masonic  authority 
of  the  jurisdiction  in  which  it  is  situated,  and  faith- 
ful allegiance  and  implicit  obedience  is  due  to  it 
from  all  the  Lodges  and  Masons  residing  therein. 
Its  functions  and  prerogatives  are  therefore  of  the 
most  extensive  and  important  nature,  and  should  be 
carefully  investigated  by  every  Mason  who  desires 
to  become  acquainted,  not  only  with  his  duties  to 
the  Order,  but  with  his  own  rights  and  privileges 
in  it. 

The  functions  of  a  Grand  Lodge  are  usually 
divided  into  three  classes.  They  are  — 

1.  LEGISLATIVE; 

2.  JUDICIAL; 

3.  EXECUTIVE. 

In  its  legislative  capacity,  a  Grand  Lodge  makes 
the  laws  ;  in  its  judicial,  it  explains  and  applies 
them  ;  and  in  its  executive,  it  enforces  them.  Each 
of  these  functions  will  require  a  distinct  section  for 
its  consideration. 


126  LEGISLATIVE   POWERS   OF 

SECTION  I. 

THE  LEGISLATIVE  POWERS  OF  A  GRAND  LODGE. 

The  Old  York  Constitutions  of  926  declare  that 
"  the  General  Assembly  or  Grand  Lodge  shall  con- 
sist of  Masters  and  Fellows,  Lords,  Knights  and 
Squires,  Mayor  and  Sheriff,  to  make  new  laivs  and 
to  'confirm  old  ones,  when  necessary."* 

The  Regulations  of  1721,  enlarging  on  this  defi- 
nition, assert  that  "  every  Annual  Grand  Lodge  has 
an  inherent  power  and  authority  to  make  new  regu- 
lations, or  to  alter  these,  for  the  real  benefit  of  this 
ancient  fraternity,  provided  always  that  the  old 
Landmarks  be  carefully  preserved. "t 

Both  of  these  Regulations,  it  will  be  seen,  acknow- 
ledge, in  unmistakable  terms,  that  the  law-making 
power  is  vested  in  the  Grand  Lodge.  But  the  lat- 
ter one  couples  this  prerogative  with  a  qualification 
of  so  important  a  nature  that  it  should  be  constantly 
borne  in  mind,  when  we  are  speaking  of  the  legis- 
lative function  of  Grand  Lodges.  Although  the 
Grand  Lodge  may  make  laws,  these  laws  must 
never  contravene  the  Landmarks  ;  for  the  whole 
power  of  the  Grand  Lodge,  great  as  it  is,  is  not 
sufficient  to  subvert  a  Landmark.  If  Jupiter  is  the 
supreme  governor,  yet  he  must  yield  to  the  Fates, 
for  they  are  greater  than  he. 

The  legislative  powers  of  the  Grand  Lodge  are 
therefore  limited  only  by  the  Landmarks,  and  be- 
yond these  it  can  never  pass. 

*  See  ante  p.  46.  f  ANDERSON,  first  edit.  p.  70,  ante  p.  79. 


A  GRAXD   LODGE.  427 

Iii  June,  1723,  an  attempt  was  made  to  remove 
this  restriction,  and  a  regulation  was  adopted  which 
asserted  that  "  it  is  not  in  the  power  of  any  man  or 
body  of  men  to  make  any  alteration  or  innovation 
in  the  body  of  Masonry,  w-ithout  the  consent  first  ob- 
tained of  the  Grand  Lodge"*  which  clearly  inti- 
mates that  with  such  consent  an  innovation  might 
be  made.  But  at  the  very  next  communication,  in 
November  of  the  same  year,  the  Grand  Lodge  re- 
turned to  the  old  conservative  principle  that  "  any 
Grand  Lodge  duly  met  has  a  power  to  amend  or 
explain  any  of  the  printed  regulations  in  the  Book 
of  Constitutions,  while  they  break  not  in  upon  the 
ancient  rules  of  the  fraternity  "'\ 

This  prerogative  to  make  new  regulations,  or  to 
amend  the  old  ones,  has  been  therefore  exercised 
since  the  enactment  of  those  of  1721,  with  the  re- 
striction of  not  touching  the  Landmarks,  not  only 
by  the  Grand  Lodge  ol  England,  but  by  all  the 
other  Grand  Lodges  which  have  since  emanated 
from  that  body,  directly  or  indirectly  ;  for  it  is  ad- 
mitted that  all  the  functions  and  powers  that  were 
possessed  by  the  original  Grand  Lodge  have  de- 
scended to  every  other  Grand  Lodge  that  has  been 
subsequently  instituted,  so  far  as  the  jurisdiction  of 
each  is  concerned. 

But  this  la w-making  power  is  of  course  restrained 
within  certain  limits  by  those  fixed  rules  of  legis 
latire  policy  which  are  familiar  to  every  jurist. 

1.  In  the  first  place,  a  Grand  Lodge  can  make  no 

*  ANDEKSON,  second  edi*.  p.  175.  f  Ibid,  p-  1T.5. 


i28  LEGISLATIVE  POWERS   OF 

regulation  which  is  in  violation  of  or  contradictory 
to  any  one  of  the  well  settled  Landmarks  of  the 
Order.  Thus,  were  a  Grand  Lodge,  by  a  new  regu- 
lation, to  abolish  the  office  of  Grand  Master,  such 
legislation  would  be  null  and  void,  and  no  Mason 
would  be  bound  to  obey  it ;  for.  nothing  in  the 
whole  Masonic  system  is  more  undoubted  than  the 
Landmark  which  requires  the  institution  to  be  pre- 
sided over  by  such  an  officer.  And  hence  this  doc- 
trine of  the  supremacy  of  the  Landmarks  has  been 
clearly  admitted  in  the  very  article  which  asserts 
for  Grand  Lodges  the  power  of  making  new 
regulations. 

2.  The  legislation  of  every  Grand  Lodge  must  be 
prospective,  and  not  retrospective  in  its  action.  To 
make*  an  ex  post  facto  law,  would  be  to  violate  the 
principles  of  justice  which  lie  at  the  very  foundation 
of  the  system.*  It  was  a  maxim  of  the  Roman  law 
that  "  no  one  could  change  his  mind  to  the  injury 
of  another, "t  which  maxim,  says  Mr.  Broom,  "  has 
by  the  civilians  been  specifically  applied  as  a  re- 
striction upon  the  law-giver,  who  was  thus  forbid- 
den to  change  his  mind  to  the  prejudice  of  a  vested 
right.":): 

*  "  Every  statute  which  takes  away  or  impairs  a  vested  right  acquired 
under  existing  laws,  or  creates  a  new  obligation,  imposes  a  new  duty,  or  at- 
taches a  new  disability,  in  respect  of  transactions  or  considerations  already 
past,  may  be  deemed  retrospective  in  its  operation,  and  opposed  to  those 
principles  of  jurisprudence  which  have  been  universally  recognised  as  sound.' 
—BROOM,  Leg.  Max.  p.  28. 

f  "  Nemo  potest  mutare  consilium  suum  in  altering  injuriam." 

3  Leg.  Mix.  p.  29. 


A  GRAND   LODGE.  429 

3.  A  Grand  Lodge  cannot  permanently  alter  or 
lepeal  any  one  of  its  by-laws  or  regulations,  except 
in  the  mode  which  it  has  itself  provided  ;  for  it  is 
a  maxim  of  the  law  that  the  same  means  are  neces- 
sary to  dissolve  as  to  create  an  obligation."*  Thus, 
if  it  is  a  part  of  the  by-laws  of  a  Grand  Lodge  that 
no  amendment  to  them  can  be  adopted  unless  it  be 
read  on  two  separate  days,  and  then  passed  by  a 
vote  of  two- thirds,  it  is  not  competent  for  such  a 
Grand  Lodge  to  make  an  amendment  to  its  by-laws 
at  one  reading,  and  by  merely  a  majority  of  votes. 

But  it  has  been  held  that  a  Grand  Lodge  may 
temporarily  suspend  the  action  of  any  one  of  its  by- 
laws by  an  unanimous  vote,  without  being  compelled 
to  pass  it  through  a  second  reading.  Thus,  if  the 
by-laws  of  a  Grand  Lodge  require  that  a  certain 
officer  shall  be  elected  by  ballot,  it  may,  by  unani- 
mous consent,  resolve  to  elect,  in  a  particular  in- 
stance, by  a  show  of  hands.  But  after  such  election, 
the  original  by-law  will  be  restored,  and  the  next 
election  must  be  gone  through  by  ballot,  unless  by 
unanimous  consent  it  is  again  suspended. 

4.  A  Grand  Lodge  has  the  power  of 'making  by- 
laws for  its  subordinates  ;  for  the  by-laws  of  every 
Lodge  are  a  part  of  the  Regulations  of  Masonry,  and 
it  is  the  prerogative  of  a  Grand  Lodge  alone  to 
make  new  regulations.  Yet,  for  the  sake  of  con- 
venience, a  Grand  Lodge  will,  and  most  Grand 
Lodges  do,  delegate  to  their  subordinates  the  duty 
of  proposing  by-laws  for  their  own  government ; 

*  "  Eodem  modo  quo  quid  constituitur,  eodem  rnodo  dissolvitur." — COKE. 


LEGISLATIVE   POWERS    OF 

but  these  by-laws  must  be  approved  and  confirmed 
by  the  Grand  Lodge  before  they  become  permanent 
regulations.  And  a  Grand  Lodge  may  at  any  time 
abrogate  the  by-laws,  or  any  part  of  them,  or  of  any 
one  or  all  of  its  subordinates  ;  for,  as  the  power  of 
proposing  by-laws  is  not  an  inherent  prerogative  in 
the  Lodges,  but  one  delegated  by  the  Grand  Lodge; 
it  may  at  any  time  be  withdrawn  or  revoked,  and  a 
Grand  Lodge  may  establish  a  uniform  code  of  by- 
laws for  the  government  of  its  subordinates. 

It  is  from  the  fact  that  a  Lodge  only  proposes  its 
by-laws,  which  the  Grand  Lodge  enacts,  that  the 
principle  arises  that  the  Lodge  cannot  suspend  any 
one  of  its  by-laws,  even  with  unanimous  consent,  for 
here  the  maxim  of  law  already  cited  applies,  and  the 
same  method  must  be  adopted  in  abolishing  as  in 
creating  an  obligation.  That  is  to  say,  the  by-law 
having  been  enacted  by  the  Grand  Lodge,  that  body 
alone  can  suspend  its  operation. 

5.  But  the  most  important  prerogative  that  a 
Grand  Lodge  can  exercise  in  its  legislative  capacity 
is  that  of  granting  warrants  of  constitution  for  the 
establishment  of  subordinate  Lodges.  Important, 
however,  as  is  this  prerogative,  it  is  not  an  inherent 
one,  possessed  by  the  Grand  Lodge  from  time  im- 
memorial, but  is  the  result  of  a  concession  granted 
by  the  Lodges  in  the  year  1717  ;  for  formerly,  as  I 
have  already  shown,  all  Masons  enjoyed  the  right 
of  meeting  in  Lodges  without  the  necessity  of  a 
warrant,  and  it  was  not  until  the  re-organization 
of  the  Grand  Lodge,  in  the  beginning  of  the  last 


A  GRAND   LODGE.  431 

century,  that  this  right  was  surrendered.  Preston 
gives  the  important  Regulation  which  was  adopted 
in  1717.  in  which  it  is  declared  that  warrants  must 
be  granted  by  the  Grand  Master,  "  with  the  consent 
and  approbation  of  the  Grand  Lodge  in  communi- 
cation."* Anderson  does  not  give  this  Regulation, 
nor  will  anything  be  found  in  the  Regulations  which 
were  approved  in  1721,  respecting  the  necessity  of 
the  consent  and  approbation  of  the  Grand  Lodge. 
On  the  contrary,  the  whole  tenor  of  those  Regula- 
tions appears  to  vest  the  right  of  granting  war- 
rants in  the  Grand  Master  exclusively,!  and  the 
modern  Constitutions  of  the  Grand  Lodge  of  Eng- 
land are  to  the  same  effect. J  But  in  this  country  it 

*  As  this  Regulation  is  an  important  one,  I  give  it  in  the  exact  words  of 
PRESTON  :  "  That  the  privilege  of  assembling  as  Masons,  which  had  been 
hitherto  unlimited,  should  be  vested  in  certain  Lodges  or  Assemblies  of 
Masons,  convened  in  certain  places  ;  and  that  every  Lodge  to  be  hereafter 
convened,  except  the  four  old  Lodges  at  this  time  existing,  should  be  legally 
authorized  to  act  by  a  warrant  from  the  Grand  Master  for  the  time  being, 
granted  to  certain  individuals  by  petition,  with  the  consent  and  approbation 
of  the  Grand  Lodge  in  communication  ;  and  that  without  such  warrant  no 
Lodge  should  be  hereafter  deemed  regular  or  constitutional."— PRESTON, 
p.  182,  OLIVER'S  edit. 

f  Thus  :  "  They  must  obtain  the  Grand  Master's  warrant  to  join  in  form- 
ing a  new  Lodge.1' — Reg.  viii.  "  If  any  set  or  number  of  Masons  shall  take 
upon  themselves  to  form  a  Lodge,  without  the  Grand  Master's  warrant,"  &C. 
-  -Reg.  ix.  "  And  this  Lodge  being  thus  completely  constituted,  shall  be 
registered  in  the  Grand  Master's  book,  and  by  his  order  notified  to  the  other 
Lodges." — ANDERSON,  first  edit.  p.  72. 

^  "  Every  application  for  a  warrant  to  hold  a  new  Lodge  must  be  by  peti- 
tion to  the  Grand  Master."—  Const,  of  G.  L.  of  England,  1847,  p.  122.  In 
the  third  and  subsequent  editions  of  the  Book  of  Constitutions,  we  find  an  im- 
portant paragraph,  which  shows  that  in  1741,  the  right  c/' granting  warrants 
was  expressly  admitted  to  be  the  exclusive  prerogative  of  Grand  Masters. 
In  that  year  "  it  was  also  ordered  that  no  new  Lodge  for  the  future  should  bo 
constituted  within  the  bills  of  mortality,  without  the  consent  of  the  brethren 


432  LEGISLATIVE   POWERS   OF 

lias  been  the  universal  usage  to  restrict  the  power 
of  the  Grand  Master  to  the  granting  of  temporary 
dispensations,  while  the  prerogative  of  granting 
permanent  warrants  is  exclusively  vested,  in  the 
Grand  Lodge. 

6.  Coincident  with  this  prerogative  of  granting 
warrants  is  that  of  revoking  them.     But  as  this 
prerogative    should  only  be   exercised    for   cause 
shown,  and  after  some  process  of  trial,  it  appears  to 
me   that  it  will  be  more  appropriately  discussed 
when  we  come  to  the  consideration  of  the  judicial 
functions  of  a  Grand  Lodge. 

7.  The  taxing  power  is  another  prerogative  of  a 
Grand  Lodge.     Every  Grand  Lodge  lias  the  right 
to  impose  a  tax  on  its  subordinate  Lodges,  or  on  all 
the  affiliated  Masons  living  within  its  jurisdiction. 
The  tax  upon  individual  Masons  is,  however,  gene- 
rally indirect.     Thus,  the  Grand  Lodge  requires  a 
certain   contribution  or  subsidy  from   each  of  its 
subordinates,  the  amount  of  which  is  always  in  pro- 
portion to  the  number  of  its  members  and  the  ex- 
tent of  its  work,  and   the   Lodges  make  up  this 
contribution  by  imposing  a  tax  upon  their  members. 
It  is  very  rarely  that  a  Grand  Lodge  resorts  to  a 
direct  tax  upon  the  Masons  of  its  jurisdiction.     At 
present  I  recollect  but  two  instances  in  which  such 

assembled  in  quarterly  communication  be  first  obtained  for  that  purpose. 
But  this  order  afterwards  appearing  to  be  an  infringement  on  the  preroga- 
tive of  the  Grand  Master,  and  to  be  attended  with  many  inconveniences 
and  with  damage  to  the  craft,  was  repealed." — Book  of  Const,  edit.  17G9, 
p.  247.  This  record  throws  a  reasonable  doubt  on  the  authenticity  of  the 
regulation  quoted  by  Preston. 


A.  GRAND   LODGE.  433 

a  right  has  been  exercised,  namely,  by  the  Grand 
Lodges  of  Louisiana  and  Arkansas.  In  the  former 
instance,  as  there  appeared  to  be  some  opposition  to 
the- doctrine,  the  Grand  Lodge  in  1855  adopted  a 
resolution,  in  which  it  declared  that  it  did  not 
"assert  its  power  to  tax  unconditionally,  or  for  ex- 
traordinary purposes,  the  constituent  Lodges."* 

I  am  at  some  loss  to  understand  the  distinct  mean- 
ing of  this  proposition  ;  but  if  it  is  intended  to  deny 
the  prerogative  of  the  Grand  Lodge  to  levy  any 
kind  or  amount  of  tax  that  it  deems  expedient  on 
either  the  subordinate  Lodges  or  their  individual 
members,  I  am  compelled  to  refuse  my  assent  to 
such  a  proposition.  That  the  power  to  impose 
taxes  is  a  prerogative  of  every  sovereignty  is  a  doc- 
trine which  it  would  be  an  act  of  supererogation  to 
defend,  for  no  political  economist  has  ever  doubted 
it.f  The  only  qualification  which  it  admits  is,  that 
the  persons  taxed  should  be  entitled  to  a  voice,  di- 
rectly or  indirectly,  in  the  imposition  ;  for  taxation 
without  representation  is  universally  admitted  to 
be  one  of  the  most  odious  forms  of  tyranny.  But 
as  a  Grand  Lodge,  as  the  supreme  Masonic  author- 
ity in  every  jurisdiction,  is  invested  with  all  the 
attributes  of  sovereignty,  and  is  besides  a  repre- 
sentative body,  it  follows  that  the  unconditional 
power  of  taxation  must  reside  in  it  as  one  of  the 
prerogatives  of  its  sovereignty.  And  if  the  par 

*  Proceedings  of  the  G.  L.  of  Louisiana,  1855,  p.  80. 
t  "  Taxes,"  says  CICEHO,  "  are  the  sinews  of  the  State."     Vtctigalia 
n/ervi  sunt  reipublivce. 

19 


434  LEGISLATIVE   POWERS   OF 

ticular  species  or  amount  of  taxation  is  deemed  op- 
pressive or  even  inexpedient,  it  is  easy  for  the 
subordinate  Lodges,  by  the  exercise  of  the  power 
of  instruction  which  they  possess,  to  amend  or  alto- 
gether to  remove  the  objectionable  imposition. 

But  the  question  assumes  a  different  aspect  when 
it  relates  to  the  taxation  of  unaffiliated  Masons.  I 
am  compelled,  after  a  mature  consideration  of  the 
subject,  to  believe  that  the  levying  of  a  tax  upon 
unaffiliated  Masons  is  contrary  to  the  spirit  of  the 
institution,  the  principles  of  justice,  and  the  dic- 
tates of  expediency.  It  is  contrary  to  the  spirit  of 
our  institution  :  Masonry  is  a  voluntary  association, 
and  no  man  should  be  compelled  to  remain  in  it  a 
moment  longer  than  he  feels  the  wish  to  do  so.*  It 
is  contrary  to  the  principles  of  justice,  for  taxation 
should  always  be  contingent  upon  representation  ; 
but  an  unaffiliated  is  not  represented  in  the  body 
which  imposes  the  tax.  And  lastly,  it  is  contrary 
to  the  dictates  of  expediency,  for  a  tax  upon  such 
Masons  would  be  a  tacit  permission  and  almost  an 
encouragement  of  the  practice  of  non-affiliation.  It 
may  be  said  that  it  is  a  penalty  inflicted  for  an 
offence  ;  but  in  reality  it  would  be  considered,  li^e 
the  taxes  of  the  Roman  chancery,  simply  as  the  cost 
of  a  license  for  the  perpetration  of  a  crime.  If  a 
Mason  refuses,  by  affiliation  and  the  payment  of 

*  "We  recognize  fully  the  doctrine  laid  down  in  the  Ancient  Constitutions, 
'that  it  is  the  duty  of  every  Masou  to  belong  to  some  regular  Lodge.'  But 
as  his  entrance  into  the  fraternity  is  of  his  own  free  will  and  accord,  so 
should  be  the  performance  of  this  and  every  other  Masonic  duty."-  -Special 
Com.  Q.  L.  of  Ohio,  1854.  See  Proc.  from  1848  to  1857,  p.  384 


A   GRAND   LODGE.  435 

dues  to  a  Lodge,  to  support  the  institution,  let  him, 
after  due  trial,  be  punished,  by  deprivation  of  all 
his  Masonic  privileges,  by  suspension  or  expulsion  ; 
but  no  Grand  Lodge  should,  by  the  imposition  of  a 
tax,  remove  from  non-affiliation  its  character  of  a 
Masonic  offence.  The  notion  would  not  for  a 
moment  be  entertained  of  imposing  a  tax  on  all 
Masons  who  lived  in  violation  of  their  obligations  ; 
and  I  can  see  no  difference  between  the  collection 
of  a  tax  for  non-affiliation  and  that  for  habitual  in- 
temperance, except  in  the  difference  of  grade  be- 
tween the  two  offences.  The  principle  is  precisely 
the  same. 

SECTION  II. 

THE  JUDICIAL  POWERS  OF  A  GRAND  LODGE. 

In  the  exercise  of  its  judicial  functions,  a  Grand 
Lodge  becomes  the  interpreter  and  administrator 
of  the  laws  which  it  had  enacted  in  its  legislative 
capacity.  The  judicial  powers  of  a  Grand  Lodge, 
according  to  the  Old  Constitutions,  are  both  origi 
nal  and  appellate,  although  it  more  frequently  exer- 
cises the  prerogative  and  duties  of  an  appellate  than 
of  an  original  jurisdiction. 

In  England,  at  this  day,  all  cases  of  expulsion 
must  be  tried  under  the  original  jurisdiction  of  the 
Grand  Lodge,  for  there  no  private  Lodge  can  inflict 
this  penalty  upon  any  one  of  its  members  ;*  but  in 

*  '•  In  the  Grand  Lodge  alone  resides  the  power  of  erasing  Lodges,  and 
expelling  brethren  from  the  craft,  a  power  which  it  ought  not  to  delegate  tc 
any  subordinate  authority  in  England."—  Const.  G.  L.  of  Eng.  1847. 


136  JUDICIAL  POWERS  OP 

this  country  constant  usage,  which,  according  to 
Sir  Edward  Goke,  is  the  best  interpreter  of  the 
laws,*  has  conferred  the  power  of  expulsion  upon 
the  subordinate  Lodges,  and  hence  such  cases  sel- 
dom come  before  the  Grand  Lodge,  except  in  the 
way  of  appeal,  when,  of  course,  it  exercises  its  appel- 
late jurisdiction,  and  may  amend  or  wholly  set  aside 
the  sentence  of  its  subordinate.  Still, this  must  be 
viewed  as  only  a  tacit  or  implied  concession,  unless, 
as  sometimes  is  the  case,  a  Grand  Lodge  in  express 
terms  divests  itself  of  original  jurisdiction,  which, 
of  course,  under  the  authority  to  make  new  regula- 
tions, it  may. 

But  the  general  spirit  of  the  ancient  law  is, 
that  the  Grand  Lodge  may  at  all  times  exer- 
cise original  jurisdiction.  And  hence,  where  a 
Grand  Lodge  has  not,  by  special  enactment,  di- 
vested itself  of  the  prerogative  of  original  jurisdic- 
tion, it  may,  by  its  own  process,  proceed  to  the 
trial  and  punishment  of  any  Mason  living  within 
its  jurisdiction.  This  course,  however,  although 
strictly  in  accordance  with  the  Ancient  Constitu 
tions,  is  not  usual,  nor  would  it  be  generally  expe 
dient,  and  hence  some  Grand  Lodges  have  specially 
confined  their  judicial  prerogatives  to  an  appellate 
jurisdiction,  and  require  the  inception  of  every 
trial  to  take  place  in  a  subordinate  Lodge. 

But  I  know  of  no  matter  in  which  a  Grand  Lodge 
may  not,  according  to  the  ancient  law  and  custom, 
exercise  an  original  jurisdiction  ;  for,  although  a 

*  "  Consuetude  cst  optimus  intcrpres  legum." 


A  GRAND   LODGE.  437 

Grand  Lodge  in  this  country  will,  by  tacit  consent, 
and  sometimes  by  explicit  enactment,*  permit  a 
subordinate  Lodge  to  exercise  judicial  powers,  and 
will  allow  its  judgment  to  stand,  unless  there  be  an 
appeal  from  it,  yet,  if  the  original  jurisdiction  was 
assumed  by  the  subordinate,  only  by  this  tacit  con- 
sent, and  not,  as  in  the  case  of  Ohio,  by  express 
grant,  then  the  original  jurisdiction  continues  to  be 
vested  in  the  Grand  Lodge,  and  may  at  any  time  bo 
resumed.  For  there  is  no  fact  in  the  history  of 
Masonic  jurisprudence  more  certain  than  that  the 
General  Assembly  or  Grand  Lodge  always  in  ancient 
times  exercised  an  original  jurisdiction  and  super- 
vision over  the  whole  craft.t  Hence  offences  were 
formerly  always  tried  in  that  body  ;  and  it  is  only 
since  the  re-organization  in  1717,  that  the  Grand 
Lodge  has  neglected  to  exercise  its  prerogative  o " 
original  jurisdiction,  and  for  the  purposes  of  con- 
venience, perhaps,  permitted  the  subordinate  Lodges 
to  try  offences,  restricting  itself  in  general  to  an 

*  Ohio,  for  instance,  gives  the  power  of  discipline  to  its  subordinates,  and 
reserves  to  the  Grand  Lodge  only  appellate  jurisdiction.— Const.  Eeg.  xxii. 
But  New  York,  while  granting  this  power  of  discipline  to  its  subordinates, 
does  not  divest  itself  of  the  prerogative  to  exercise  original  jurisdiction.— 
Const.  §  12. 

t  Thus  the  old  York  Constitutions  of  926  (point  10)  say :  "  If  a  Mason 
live  amiss  or  slander  his  brother,  so  as  to  bring  the  craft  to  shame,  he  shall 
have  no  further  maintenance  among  the  brethren,  but  shall  be  summoned  to 
the  next  Grand  Lodge,  and  if  he  refuse  to  appear,  he  shall  be  expelled  ;" 
and  in  *Le  Ancient  Charges  at  Makings,  it  is  provided  that  "  every  Master 
ana  Fellow  shall  come  to  the  Assembly,  (that  is,  the  General  Assembly,  as  is 
evident  from  the  context,)  if  it  be  within  fifty  miles  of  him,  if  he  have  any 
warning,  and  if  he  have  trespassed  against  the  craft,  to  abide  the  award  of 
Masters  and  Fellows." 


438  LEGISLATIVE   POWERS   OP 

appellate  revision  of  the  case.*  But  although,  under 
ordinary  circumstances,  it  is  a  maxim  of  law  that 
rights  are  forfeited  by  non-user,  yet  such  maxim 
cannot  apply  to  the  Grand  Lodge,  which,  as  a  sove- 
reign body,  can  have  none  of  its  rights  barred  by 
lapse  of  time,t  and  may  therefore  at  any  time  re- 
sume its  original  jurisdiction. 

But  in  matters  of  dispute  between  two  Lodges, 
and  in  the  case  of  charges  against  the  Master  of  a 
Lodge,  the  Grand  Lodge  is  obliged  to  exercise  ori- 
ginal jurisdiction  ;  for  there  is  no  other  tribunal 
which  is  competent  to  try  such  cases. 

In  the  exercise  of  its  judicial  functions,  the  Grand 
Lodge  may  proceed  either  in  its  General  Assembly 
or  by  committee,  whose  report  will  be  acted  on  by 
the  Grand  Lodge.  But  the  form  of  trial  will  be 
the  subject  of  future  consideration  in  a  subsequent 
part  of  this  work. 

The  Grand  Lodge  may,  in  the  case  of  an  appeal, 
amend  the  sentence  of  its  subordinate,  by  either  a 
diminution  or  increase  of  the  punishment,  or  it  may 
wholly  reverse  it,  or  it  may  send  the  case  back  for 

*  The  Charges  which  were  approved  in  1722  say,  that  "  if  a  brother  do 
you  an  injury,  apply  first  to  your  own  or  his  Lodge  ;  and  if  you  are  not  satis- 
fied, you  may  appeal  to  the  Grand  Lodge."  But  this  does  not  preclude  the 
Grand  Lodge  from  instituting  an  inquiry  itself  into  the  conduct  of  any 
brother  ;  and  the  records  from  1717  onwards  give  several  instances  where 
the  Grand  Lodge  did  exercise  original  jurisdiction,  as  in  the  case  of  "  certain 
brethren  suspected  of  being  concerned  in  an  irregular  making  of  Masons/' 
which  was  tried  in  1739,  and  in  that  of  Bro.  Scott,  tried  in  1766.— See  Book 
of  Const,  fourth  edit.  pp.  228  and  305. 

t  The  maxim  of  the  law  that  "  ruillum  tempus  occurrit  regi"  applies  to  the 
Grand  Lodge  as  the  sovereign  of  ¥  isonry. 


A   GRAND    LODGE.  439 

trial.  And  in  any  one  of  these  events,  its  decision 
is  final ;  for  there  is  no  higher  body  in  Masonry 
who  can  entertain  an  appeal  from  the  decision  of  a 
Grand  Lodge. 

Among  the  important  prerogatives  exercised  by 
a  Grand  Lodge  in  its  judicial  capacity,  is  that  of 
revoking  warrants  of  constitution.  Although,  as  I 
have  already  shown,  there  is  a  discrepancy  between 
the  present  American  practice,  which  vests  the 
granting  of  warrants  in  Grand  Lodges,  and  the  old 
Constitutions,  which  gave  the  power  to  Grand  Mas- 
ters, there  is  no  doubt  that  the  Grand  Lodge  has 
constantly  exercised  the  prerogative  of  revoking 
warrants  from  the  year  1742,  when  the  first  mention 
is  made  of  such  action,  until  the  present  day.  But 
all  the  precedents  go  to  show  that  no  such  revoca- 
tion has  ever  been  made  except  upon  cause  shown, 
and  after  due  summons  and  inquiry.  The  arbitrary 
revocation  of  a  warrant  would  be  an  act  of  oppres- 
sion and  injustice,  contrary  to  the  whole  spirit  of  the 
Masonic  institution. 

SECTION  III. 

THE  EXECUTIVE  POWERS  OF  A  GRAND  LODGE. 

In  the  exercise  of  its  executive  functions,  the 
Grand  Lodge  carries  its  laws  into  effect,  and  sees 
that  they  are  duly  enforced.  But  as  a  Grand  Lodge 
is  in  session  only  during  a  few  days  of  the  year,  it  is 
necessary  that  these  functions  should  be  exercised 
for  it,  by  some  one  acting  as  its  agent ;  and  hence, 


140  EXECUTIVE  POWERS   OP 

*o  use  the  language  of  the  Grand  Lodge  of  New 
York,  "  all  the  executive  powers  of  a  Grand  Lodge, 
when  not  in  session,  are  reposed  in  its  Grand 
Master.7'* 

The  Grand  Master  is  therefore,  in  this  discharge 
of  executive  powers,  the  representative  of  the  Grand 
Lodge.  That  body  having  first,  in  its  legislative 
capacity,  made  the  law,  and  then,  in  its  judicial 
capacity,  having  applied  it  to  a  particular  case, 
nnally,  in  its  executive  capacity,  enforces  its  de- 
cision through  the  agency  of  its  presiding  officer. 
The  Grand  Master  cannot  make  laws  nor  adminis- 
ter them,  for  these  are  the  prerogatives  of  the 
Grand  Lodge  j  but  he  may  enforce  them,  because 
this  is  a  power  that  has  been  delegated  to  him. 

The  conferring  of  degrees  is  an  interesting  and 
important  exercise  of  the  executive  functions  of  ?, 
Grand  Lodge,  which  is  entitled  to  careful  considera- 
tion. The  question  to  be  discussed  is  this:  Has  t 
Grand  Lodge  the  power  to  confer  the  degrees  of 
Masonry  on  a  candidate  ?  In  the  years  1851  and 
1852,  this  question  was  the  subject  of  controversy 
between  the  Grand  Lodges  of  Wisconsin,  Florida 
and  Iowa — the  two  former  claiming,  and  the  latter 
denying  the  right.  Let  us  endeavor  to  come  to  a 
right  conclusion  on  this  subject  by  a  careful  ex 
animation  of  the  ancient  laws  and  usages. 

The  earliest  written  Constitutions  that  we  have— 
those  of  York  in  926 — show,  without  doubt,  that 
Apprentices  were  at  that  time  made  by  their  own 

*  Const  G.  L.  of  New  York,  ?  1(1. 


A  GRAND   LODGE.  441 

Masters.  The  law  is  not  so  clear  as  to  where  Fel- 
low Crafts  were  made,  and  we  are  obliged  to  resign 
all  hope  of  finding  any  reference  to  the  making  of 
Master  Masons,  as  all  the  old  Constitutions  previous 
to  1721  are  silent  on  this  subject.  Either  the  de- 
gree did  not  then  exist,  as  we  now  have  it,  or  this 
was  clearly  a  casus  omissus. 

The  Constitutions  of  Edward  III.,  in  the  four- 
teenth century,  are  equally  uncertain  ;  but  in  the 
third  article  is  a  phrase  which  seems  to  admit  that 
Fellow  Crafts  might  be  made  in  a  subordinate 
Lodge,  for  it  is  said  that  when  a  Lodge  meets,  the 
Sheriff,  the  Mayor,  or  the  Alderman  "  should  be 
made  Fellow,  or  sociate  to  the  Master."  If  the  ex- 
pression "  made  Fellow"  is  here  to  be  interpreted  in 
its  Masonic  meaning,  then  there  can  be  no  doubt 
that  a  Lodge  might  at  that  time  confer  the  second 
degree  ;  and  I  suppose,  by  analogy,  the  third.  But 
of  the  correctness  of  this  interpretation  there  may 
be  a  reasonable  doubt,  and  if  so,  these  Constitutions 
give  us  no  light  on  the  subject. 

By  the  middle  of  the  seventeenth  century,  we  be- 
gin to  find  some  definite  authority,  both  in  private 
records  and  in  Constitutions.  Elias  Ashniole,  the 
celebrated  antiquary,  tells  us  in  his  diary  that  he 
was  made  a  Freemason  on  the  16th  October,  1646, 
at  Warrington,  in  Lancashire,  "  by  Mr.  Richard 
Penket,  the  Warden  and  the  Fellow  Crafts."  Tt  is, 
then,  was  evidently  in  a  subordinate  Lodge.  And 
in  the  Regulations  adopted  by  the  General  Assembly 
in  1663.  it  is  expressly  stated  that  "  no  person,  of 


442  EXECUTIVE  POWERS   OF 

what  degree  soever,  be  made  or  accepted  a  Fiee- 
mason,  unless  in  a  regular  Lodge,  whereof  one  to 
be  a  Master  or  a  Warden  in  that  limit  or  division 
where  such  Lodge  is  kept,  and  another  to  be  a 
craftsman  in  the  trade  of  Freemasonry."* 

Still  later,  about  the  year  1683,  we  find  it  stated 
in  "  The  Ancient  Charges  at  Makings"  "  that  no 
Master  nor  Fellow  take  no  allowance  to  be  made 
Mason  without  the  assistance  of  his  Fellows,  at  least 
six  or  seven."t 

Preston  also  furnishes  us  with  authority  on  this 
subject,  and  tells  us  that  previous  to  the  beginning 
of  the  eighteenth  century,  a  sufficient  number  of 
brethren  might  meet  together  without  warrant 
make  Masons,  and  practise  the  rites  of  Masonry. i 

But  in  1722,  a  Regulation  was  adopted  by  the 
Grand  Lodge  of  England,  which  declared  thai 
Entered  Apprentices  must  be  admitted  Fellow 
Crafts  and  Masters  only  in  the  Grand  Lodge,  unless 
by  a  dispensation  from  the  Grand  Master. § 

This  Regulation  continued  in  force,  however,  only 
for  three  years ;  for,  in  November,  1725,  it  was 
enacted  that  "  the  Master  of  a  Lodge,  with  his 
\7ardens  and  a  competent  number  of  the  Lodge, 
assembled  in  due  form,  can  make  Masters  and  Fel- 
lows at  discretion. "||  And  ever  since,  the  subordi 

*  See  ante  p.  49.  $  PRESTON,  p.  182,  note. 

t  See  ante  p.  51.  §  Reg.  of  1722,  No.  xiii. 

||  See  ANDERSON,  second  edit.  p.  160.  The  reason  is  assigned  in  the  third 
edition  of  the  Book  of  Constitutions  for  this  almost  immediate  repeal  of  the 
law,  namely,  that "  it  was  attended  with  many  inconveniences." — See  third 
edit.  p.  280 


A   GRAND   LODGE.  443 

nate  Lodges  have  continued  to  confer  all  the  de- 
grees, while  the  records  do  not  give  a  single  instance 
of  their  being  conferred,  subsequent  to  that  date,  in 
the  Grand  Lodge.* 

The  facts,  then,  in  relation  to  this  subject  appear 
to  be  briefly  as  follows :  that  as  far  back  as  we  can 
trace  by  written  records,  the  subordinate  Lodges 
were  authorized  to  confer  all  the  degrees ;  that  in 
1722,  or  perhaps  a  year  or  two  sooner ,t  this  power, 
so  far  as  the  second  arid  third  degrees  were  con- 
cerned, was  taken  from  the  Lodges  and  deposited 
in  the  Grand  Lodge  ;  that  in  1725,  this  change 
being  found  to  be  productive  of  inconvenience,  the 
old  system  was  restored,  and  the  Lodges  were  again 
permitted  to  confer  all  the  degrees. 

I  cannot  doubt,  from  this  statement  of  facts,  that 
the  attempt  on  the  part  of  the  Grand  Lodge  in 
1722  to  deprive  the  Lodges  of  their  right  to  confer 
all  the  degrees,  was  a  violation  of  an  ancient  Land- 
mark, and  I  am  inclined  to  attribute  its  speedy  re- 
peal as  much  to  a  conviction  of  this  fact  as  to  the 
acknowledged  reason  of  its  inconvenience. 

But  while  I  contend  that  all  regular  Lodges  have 
an  inherent  right  to  enter,  pass  and  raise  Free 
masons,  of  which  no  Grand  Lodge  can  deprive  them, 

*  The  instances  quoted  of  the  initiation  of  the  Duke  of  Lorraine,  the  Prince 
of  Wales,  and  a  few  others,  were  not  examples  of  the  degrees  being  confer- 
red in  a  Grand  Lodge,  but  of  Masons  made  "  at  sight"  by  the  Grand  Master 
in  "  occasional  Lodges." 

t  There  is  a  record  that  the  degrees  were  conferred  in  the  Grand  Lodge 
by  Payne,  Grand  Master,  on  the  24th  June,  1721  ;  but  we  find  no  subsequent 
•ecord  to  the  same  effect. 


444   EXECUTIVE  POWERS  OF  A  GRAND  LODGE. 

except  by  forfeiture  of  warrant,  I  cannot  deny  the 
same  prerogative  to  a  Grand  Lodge  ;  for  I  cannot 
see  how  an  assemblage  of  Masons,  congregated  in 
their  supreme  capacity r  can  have  less  authority  to 
transact  all  the  business  of  Masonry  than  an  in- 
ferior and  subordinate  body. 

But  I  am  equally  convinced  that  the  exercise  of 
this  prerogative  by  a  Grand  Lodge  is,  under  almost 
all  circumstances  that  I  can  conceive,  most  inexpe- 
dient, and  that  the  custom  of  conferring  degrees 
should  be,  as  a  matter  of  policy,  confined  to  the 
subordinate  Lodges. 


CHAPTER    III. 
Sfje  ©fftcers  of  a  ©ftanlr  3LoZrge, 

THE  officers  of  a  Grand  Lodge,  if  we  look  to 
their  ritual  importance,  are  either  Essential  or  Acci- 
dental. The  Essential  Officers  are  the  Grand  Mas- 
ter, the  Grand  Wardens,  the  Grand  Treasurer,  the 
Grand  Secretary,  and  the  Grand  Tiler.  All  other 
officers  are  accidental,  and  most  of  them  the  result 
of  comparatively  recent  Regulations. 

But  they  are  more  usually  divided  into  Grand 
and  Subordinate  Officers. 

The  Grand  Officers  are  the  Grand  and  Deputy 
Grand  Masters,  the  Grand  Wardens,  Grand  Treasu- 
rer, Grand  Secretary  and  Grand  Chaplain.  To 
these,  in  many  jurisdictions,  has  been  added  the  office 
of  Grand  Lecturer. 

The  Subordinate  Officers  are  the  Grand  Deacons, 
Grand  Marshal,"  Grand  Pursuivant,  Grand  Sword 
Bearer,  Grand  Stewards  and  Grand  Tiler. 

Committees  of  Foreign  Correspondence,  from 
their  importance,  seem  also  to  be  entitled  to  a  place 
in  the  consideration  of  the  officers  of  a  Grand  Lodge. 

The  examination  of  the  duties  and  prerogatives 
of  each  of  these  officers  will  claim  a  distinct  section 
of  the  present  chapter. 


446  GRAND   MASTER. 

SECTION  I. 

THE  GRAND  MASTER. 

The  office  of  Grand  Master  is  one  of  such  anti- 
quity as  to  be  coeval  with  the  very  origin  of  the 
institution,  whether  we  look  at  that  origin  in  a  tra- 
ditional or  in  an  historical  point  of  view.  There 
never  has  been  a  time  in  which  the  Order  has  not 
been  governed  by  a  chief  presiding  officer  under 
this  name. 

From  this  fact  we  derive  the  important  principle 
that  the  office  of  Grand  Master  is  independent  of 
the  Grand  Lodge,  and  that  all  his  prerogatives  and 
duties,  so  far  as  they  are  connected  generally  with 
the  craft,  are  inherent  in  the  office,  and  not  derived 
from,  nor  amenable  to,  any  modern  Constitutions.* 

The  whole  records  of  our  written  and  traditional 
history  show,  that  Grand  Masters  have  repeatedly 
existed  without  a  Grand  Lodge,  but  never  a  Grand 
Lodge  without  a  Grand  Master.  And  this  is  be- 
cause the  connection  of  the  Grand  Master  is  essen- 
tially with  the  craft  at  large,  and  only  incidentally 
with  the  Grand  Lodge.  He  is  neither  elected,  in- 
stalled, nor  saluted  as  the  "  Grand  Master  of  the 
Grand  Lodge,"  but  as  the  "  Grand  Master  of 
Masons  ;"f  and  if  the  institution,  so  far  as  relates  to 

*  "  The  claim  that  the  Grand  Master  is  the  creature  of  the  Grand  Lodge 
is  contrary  to  recorded  history,  and  to  every  tradition  on  this  subject  that  is 
contained  in  the  arcana  of  Masonry." — Com.  of  For.  Corresp.  G.  L.  of  N< 
Y.,  1854,  p.  107. 

t  Tons,  in  17'24,  we  find  it  recorded  that  "  Brother  DALKEITH  stood  up,  and 
bowing  to  the  assembly,  thanked  them  for  the  honor  he  had  of  being  thei: 


GRAND   MASTER.  44? 

its  present  organization,  was  again  to  be  resolved 
into  the  condition  which  it  occupied  previous  to 
the  year  1717,  and  the  Grand  Lodge  were  to  be 
abolished,  in  consequence  of  the  resumption  by  the 
subordinate  Lodges  of  their  original  prerogatives, 
the  office  of  Grand  Master  would  be  unaffected  by 
such  revolution,  and  that  officer  would  still  remain 
in  possession  of  all  his  powers,  because  his  office  is 
inseparable  from  the  existence  of  the  fraternity, 
and  he  would  be*  annually  elected  as  formerly,  by 
the  craft  in  their  "  General  Assembly."  In  accord- 
ance with  these  views,  we  find  Anderson  recording 
that  in  the  year  926,  at  the  city  of  York,  Prince 
Edwin,  as  Grand  Master,  summoned  the  craft,  who 
then  "  composed  a  Grand  Lodge,  of  which  he  was 
the  Grand  Master.'7  The  Grand  Lodge  did  not 
constitute  him  as  their  Grand  Master,  for  the  ap- 
pointment of  Grand  Master,  according  to  the  record, 
preceded  the  organization  of  the  Grand  Lodge. 

Again  :  both  Anderson  and  Preston  show  us  a 
long  list  of  Grand  Masters  who  were  not  even 
elected  by  the  Grand  Lodge,  but  held  their  appoint- 
ment from  the  King.  In  1663,  a  Regulation  was 
adopted,  declaring  "  that,  for  the  future,  the  frater- 
nity of  Freemasons  shall  be  regulated  and  governed 
by  one  Grand  Master,  and  as  mahy  Wardens  as  the 
said  society  shall  think  fit  to  appoint  at  every  an- 
nual General  Assembly,"  which  Assembly,  it  must 

Grand  Master,  and  then  proclaimed  aloud  the  most  noble  Prince  and  our 
Brother,  Charles  Lennox,  Duke  of  Richmond  and  Lennox,  GKAND  MASTER 
OF  MASONS  !"  and  so  on  throughout  the  Book  of  Constitutions. 


448  GRAND   MASTER. 

be  recollected,  was  not,  as  now,  a  Grand  Lodge, 
consisting  of  the  representatives  of  Lodges,  but  a 
mass  meeting  of  all  the  members  of  the  craft. 
Again  :  an  attentive  perusal  of  the  history  of  the 
present  organization  of  Grand  Lodges  on  St.  John 
the  Baptist's  day,  1717,  will  show  that  the  craft 
first,  in  General  Assembly,  elected  their  Grand 
Master,  who  then  appointed  his  Wardens,  and  estab- 
lished a  Grand  Lodge,  by  summoning  the  Masters 
and  Wardens  of  the  Lodges  to  meet  him  in  quar- 
terly communication.  In  short,  everything  of  an 
authentic  nature  in  the  history  of  Masonry  shows 
that  the  Grand  Master  is  the  officer  and  the  organ 
of  the  craft  in  general,  and  not  of  the  Grand  Lodge, 
and  that  although  for  purposes  of  convenience,  the 
fraternity  have,  for  the  last  one  hundred  and  thirty- 
five  years,  conceded  to  their  Masters  and  Wardens 
in  Grand  Lodge  convened  the  privilege  of  electing 
him  for  them,  such  concession  does  not  impair  his 
rights,  nor  destroy  the  intimate  and  immediate  con- 
nection which  exists  between  him  and  the  craft  at 
large,  to  whom  alone  he  can  be  said  to  have  any 
rightful  responsibility. 

All  of  this  very  clearly  shows — and  this  is,  I 
think,  the  general  opinion  of  Masonic  jurists — that, 
with  the  exception  of  a  few  unimportant  powers, 
conferred  for  local  purposes,  by  various  Grand 
Lodges,  and  which  necessarily  differ  in  different 
jurisdictions,  every  prerogative  exercised  by  a 
Grand  Master  is  an  inherent  one — that  is  to  say, 
not  created  by  any  special  statute  of  the  Grand 


GRAND   MASTER.  449 

Lodge,  but  tho  result  and  the  concomitant  of  his 
high  office,  whose  duties  and  prerogatives  existed 
long  before  the  organization  of  Grand  Lodges. 

The  responsibility  of  the  Grand  Master  presents 
itself  as  the  next  important  question.  Invested 
with  these  high  ap  i  inalienable  functions,  to  whom 
is  he  responsible  fcr  their  faithful  discharge,  and  by 
whom  and  how  is  he  to  be  punished  for  his  official 
misdemeanors  ?  These  are  important  and  difficult 
questions,  which  have  occupied  the  attention  and 
divided  the  opinions  of  the  most  eminent  Masonic 
jurists. 

It  is  not  to  be  doubted  that  the  Grand  Master  is 
not  an  irresponsible  officer.  To  deny  this  broad 
principle  would  be  to  destroy  the  very  foundations 
on  which  the  whole  system  of  Masonic  legislation  is. 
built.  Democratic  as  it  is  in  its  tendencies,  and 
giving  to  every  member  a  voice  in  the  government 
of  the  institution,  it  has  always  sustained  the  great 
doctrine  of  responsibility  as  the  conservative  ele- 
ment in  its  system  of  polity.  The  individual-  Mason 
is  governed  by  his  Lodge  ;  the  Master  is  controlled 
by  the  Grand  Lodge  ;  the  Grand  Lodge  is  restrained 
by  the  ancient  Landmarks  :  and  if  the  Grand  Mas- 
ter were  not  also  responsible  to  some  superior 
power,  he  alone  would  be  the  exception  to  that 
perfect  adjustment  of  balances  which  pervades  and 
directs  the  whole  machinery  of  Masonic  govern- 
ment. 

The  theory  on  this  subject  appears  to  me  to  be, 
f-hat  the  Grand  Master  is  responsible  to  the  crafl 


450  GRAND   MASTER. 

for  the  faithful  performance  of  the  duties  of  his 
office.  I  can  entertain  no  doubt  that  originally  it 
was  competent  for  any  General  Assembly  to  enter- 
tain jurisdiction  over  the  Grand  Master,  because, 
until  the  year  1717,  the  General  Assembly  was  the 
whole  body  of  the  craft,  and  as  such,  was  the 
only  body  possessing  general  judicial  powers  in 
the  Order  ;  and  if  he  was  not  responsible  to  it, 
then  .he  must  of  necessity  have  been  altogether 
without  responsibility  ;  and  this  would  have  made 
the  government  of  the  institution  despotic,  which 
is  directly  contrary  to  the  true  features  of  its 
policy. 

How  tl^s  jurisdiction  of  the  craft  in  their  General 
Assembly  was  to  be  exercised  over  the  Grand  Mas- 
ter, we  have  no  means  of  determining,  since  the 
records  of  the  Order  furnish  us  with  no  precedent. 
But  we  may  suppose  that  in  the  beginning,  when 
Grand  Masters  were  appointed  by  the  reigning 
monarch,  that  jurisdiction,  if  necessary,  would  have 
been  exercised  by  way  of  petition  or  remonstrance 
to  the  king,  and  this  view  is  supported  by  the 
phraseology  of  the  Constitutions  of  926,  which  say, 
that  "  in  all  ages  to  come,  the  existing  General 
Assembly  shall  petition  the  king  to  confer  his  sanc- 
tion on  their  proceedings." 

As  the  power  of  deposition  or  other  punishment 
ivas  vested,  in  those  early  days,  in  the  reigning 
monarch,  because  he  was  the  appoinjer  of  the  Grand 
Master,  it  follows,  by  a  parity  of  reasoning,  that 
when  the  appointment  was  bestowed  upon  the 


GRAND   MASTER.  451 

General  Assembty,  the  power  of  punisliineut  was 
vested  in  that  body  also. 

But  in  the  course  of  time,  the  General  Assembly 
of  the  craft  gave  way  to  the  Grand  Lodge,  which  is 
not  a  congregation  of  the  craft  in  their  primary 
capacity,  but  a  congregation  of  certain  officers  in 
their  representative  capacity.  And  we  find  that  in 
the  year  1717,  the  Masons  delegated  the  powers 
which  they  originally  possessed  to  the  Grand  Lodge, 
to  be  exercised  by  their  Masters  and  Wardens,  in 
trust  for  themselves.  Among  these  powers  which 
were  thus  delegated,  was  that  of  exercising  penal 
jurisdiction  over  the  Grand  Master.  The  fact  that 
this  power  was  delegated,  is  not  left  to  conjecture ; 
for,  among  the  Regulations  adopted  in  1721,  we 
find  one  which  recognizes  the  prerogative  in  these 
emphatic  words :  "  If  the  Grand  Master  should 
abuse  his  power,  and  render  himself  unworthy  of  the 
obedience  and  subjection  of  the  Lodges,  he  shall  be 
treated  in  a  way  and  manner  to  be  agreed  upon  in 
a  new  Regulation,  because  hitherto  the  ancient  fra- 
ternity have  had  no  occasion  for  it — their  former 
Grand  Masters  having  all  behaved  themselves 
worthy  of  that  honorable  office."* 

This  article  comprises  three  distinct  statements  ; 
first,  that  the  Grand  Master  is  responsible  for  any 
abuse  of  his  power ;  secondly,  that  a  Regulation 
may  at  any  time  be  made  to  provide  the  mode  of 
exercising  jurisdiction  over  him ;  and  lastly,  that 
such  Regulation  never  has  been  made,  simply  be- 

*  Regulations  of  1721,  art  xix. 


152  GRAND   MASTER. 

cause  there  was  no  necessity  for  it,  and  not  because 
there  was  no  power  to  enact  it. 

Now,  the  method  of  making  new  Regulations  is 
laid  down  in  precise  terms  in  the  last  of  these  very 
Regulations  of  1721.  The  provisions  are,  that  the 
Landmarks  shall  be  preserved,  and  that  the  new 
Regulation  be  proposed  and  agreed  to  at  the 
third  quarterly  communication  preceding  the  annual 
Grand  Feast,  and  that  it  be  also  offered  to  the 
perusal  of  all  the  brethren  before  dinner,  in  writing, 
even  of  the  youngest  Apprentice — the  approbation 
and  consent  of  the  majority  of  all  the  brethren 
being  absolutely  necessary  to  make  it  binding  and 
obligatory. 

It  is  evident  that  a  li'teral  compliance  with  all  the 
requisitions  of  this  Regulation  has  now  become  al- 
together impracticable.  Entered  Apprentices  have 
no  longer,  by  general  consent,  any  voice  in  the 
government  of  the  Order,  and  quarterly  communi- 
cations, as  well  as  the  annual  Grand  Feast,  have 
almost  everywhere  been  discontinued.  Hence  we 
must  apply  to  the  interpretation  of  this  statute  the 
benign  principles  of  a  liberal  construction.*  We 
can  only  endeavor  substantially,  and  as  much  as 
Dossible  in  the  spirit  of  the  law,  to  carry  out  the  in- 
tentions of  those  who  framed  the  Regulation. 

It  seems  to  me,  then,  that  these  intentions  will  be 
obeyed  for  all  necessary  purposes,  if  a  new  Regula- 
tion be  adopted  at  an  annual  meeting  of  the  Grand 

*  "  Benignfc  faciendae  stint  interpretation's  et  verba  intentioni  debent  in 
serviro." — T.aw  Maxim 


GRAND   MASTER.  453 

Lodge,  and  by  the  same  majority  which  is  required 
to  amend  or  alter  any  clause  of  the  Constitution.* 
The  power  to  make  new  Regulations,  which  was 
claimed  by  the  Grand  Lodge  of  England  in  1721. 
and  afterwards  reasserted  in  1723,  in  still  more  ex- 
plicit terms,  is  equally  vested  in  every  other  regu- 
larly organized  Grand  Lodge  which  has  been  since 
established,  and  which  is,  by  virtue  of  its  organiza- 
tion, the  representative,  in  the  limits  of  its  own  juris- 
diction, of  the  original  Grand  Lodge  which  met  at 
the  Apple-tree  tavern  in  1717. 

With  these  preliminary  observations,  we  are  now 
prepared  to  enter  upon  an  investigation  of  the  pre- 
rogatives and  duties  of  a  Grand  Master. 

1.  The  Grand  Master  has  the  right  to  convene 
the  Grand  Lodge  on  any  special  occasion,  at  such 
time  and  place  as  he  may  deem  expedient.  The 
Constitution  of  the  Grand  Lodge  necessarily  must 
designate  a  time  and  place  for  the  annual  communi- 
cation, which  it  is  not  in  the  power  of  the  Grand 
Master  to  change.  But  on  the  occurrence  of  any 
emergency,  which  may,  in  his  opinion,  render  a 
special  communication  necessary,  the  Grand  Master 

*  Bro.  ALBERT  PIKE  confirms  this  view  in  his  admirable  report  on  foreign 
correspondence  in  the  Grand  IxxJge  of  Arkansas :  "  Every  Grand  Lodge 
can  make  any  new  regulation  which  changes  no  Landmark.  The  nineteenth 
article  declares  that  a  new  regulation  may  be  made  on  this  subject.  That 
being  so,  and  the  thirty-ninth  declaring  that  none  can  be  made  to  change  a 
Landmark,  of  course  this  would  not  change  a  Landmark,  or  else  it  could  not 
be  made.  We  cannot  doubt,  then,  that  constitutional  provisions  might  be 
made  for  dealing  with  a  Grand  Master  during  his  terra  of  office  ;  but  cer- 
tainly it  could  not  be  done  in  any  other  way."— Proc.  9.  L.  of  Ark.,  1854 
p.  122. 


454  GRAND   MASTER. 

possesses  the  prerogative  of  convoking  the  Grand 
Lodge,  and  may  select  such  time  and  place  for  the 
convocation  as  he  deems  most  convenient  or  appro- 
priate. This  prerogative  has  been  so  repeatedly 
exercised  by  Grand  Masters,  from  the  earliest  times 
to  the  present  day,  that  it  seems  to  be  unnecessary 
to  furnish  any  specific  precedents  out  of  the  multi* 
tude  that  the  most  cursory  reading  of  the  old  re- 
cords would  supply.* 

2.  The  Grand  Master  has  the  right  to  preside 
over  every  assembly  of  the  craft,  wheresoever  and 
whensoever  held.  This  is  a  Landmark  of  the 
Order,f  and  consequently  the  right  of  the  Grand 
Master  to  preside  at  all  meetings  of  the  Grand 
Lodge,  which  is  derived  from  it,  is  an  inherent  right, 
of  which  no  constitutional  provision  can  deprive 
him.  From  this  prerogative  is  also  derived  the 
principle  that  the  Grand  Master  may  assume  the 
chair  of  any  private  Lodge  in  which  he  may  be 
present,  and  govern  the  Lodge  as  its  Master.  He 
is  also,  by  virtue  of  the  same  prerogative,  the  chair- 
man of  every  committee  of  the  Grand  Lodge  which 
he  may  choose  to  attend.  He  is,  in  brief,  the  head 

*  Thus, "  Prince  Edwin  summoned  all  the  Masons  in  the  realm  to  meet 
him  in  a  congregation  at  York." — ANDERSON,  first  edit.,  p.  32.  On  the 
occasion  of  Wharton's  irregularities  in  1722,  Montagu,  G.  M.,  "  summoned 
the  Grand  Lodge  to  meet,  17th  January." — Ibid,  second  edit.  p.  114.  Carys- 
fort,  G.  M.,  in  1754,  "  signified  his  pleasure  that  the  day  for  the  Grand 
Feast  and  election  should  be  the  25th  of  March,  instant,  and  kept  at  Drapers' 
Hall." — Ibid,  third  edit,  p.  270.  But  a  volume  of  such  precedents  might  be 
cited.  The  eighteenth  of  the  Regulations  of  1721  distinctly  recognizes  th$ 
prerogative — See  ante  p.  71. 

f  See  ante  Landmark  5,  p.  21. 


GRAND   MASTER.  455 

jf  the  craft  in  his  own  jurisdiction,  and  cannot,  at 
any  meeting  of  the  fraternity  for  Masonic  purposes, 
be  placed,  without  his  consent,  in  a  subordinate 
position. 

3.  Concomitant  with  this  prerogative  of  presid- 
ing in  any  Lodge,  is  that  of  visitation.  This  is  not 
simply  the  right  of  visit,  which  every  Master  Mason 
in  good  standing  possesses,  and  of  which  I  have  al- 
ready spoken  in  a  preceding  part  of  this  work,  but 
it  is  a  prerogative  of  a  more  important  nature,  and 
which  has  received  the  distinctive  appellation  of  the 
rigid  of  visitation.  It  is  the  right  to  enter  any 
Lodge,  to  inspect  its  proceedings,  to  take  a  part  in 
its  business  transactions,  and  to  correct  its  errors.* 
The  right  is  specifically  recognized  in  the  Regula- 
tions of  1721,  but  it  is  also  an  inherent  prerogative ; 
for  the  Grand  Master  is,virtute  officii,  the  head  of 
the  whole  fraternity,  and  is  not  only  entitled,  but 
bound,  in  the  faithful  discharge  of  his  duty,  to 
superintend  the  transactions  of  the  craft,  and  to  in- 
terfere in  all  congregations  of  Masons  to  prevent 
the  commission  of  wrong,  and  to  see  that  the  Land- 
marks and  usages  of  antiquity,  and  the  Constitu- 
tions and  laws  of  the  Grand  Lodge,  and  of  every 
Lodge  in  the  jurisdiction,  are  preserved  and  obeyed. 
The  Regulations  of  1721  prescribe  that  when  the 
Grand  Master  makes  such  a  visitation,  the  Grand 
Wardens  are  to  attend  him,  and  act  as  Wardens  of 
the  Lodge  while  he  presides.  This  Regulation, 
however,  rather  refers  to  the  rights  of  the  Grand 

*  See  Regulations  of  1721,  art  i. 


456  GRAND    MASTER. 

Wardens  than  to  the  prerogative  of  the  Grand 
Master,  whose  right  to  make  an  official  visitation 
to  any  Lodge  is  an  inherent  one,  not  to  be  limited 
or  directed  by  any  comparatively  modern  Regu- 
lation. 

4.  The  right  of  appointment  is  another  preroga- 
tive of  the  Grand  Master.  By  the  old  usages — for 
1  find  no  written  law  upon  the  subject — the  Grand 
Master  appointed  the  Deputy  Grand  Master,  who  is 
hence  always  styled  "  his  Deputy."  The  Regula- 
tions of  1721  also  gave  him  the  nomination  of  the 
Grand  Wardens,  who  were  then  to  be  installed,  if 
the  nomination  was  unanimously  approved  by  the 
Grand  Lodge,  but  if  not,  an  election  was  to  be  held. 
The  Grand  Secretary,  at  the  first  establishment  of 
the  office  in  1723,  was  elected  by  the  Grand  Lodge, 
but  all  subsequent  appointments  were  made  by  the 
Grand  Master.  The  Grand  Treasurer  was,  how- 
ever, always  an  elective  office. 

In  England,  under  its  present  Constitution,  the 
Grand  Master  appoints  all  the  officers  of  the  Grand 
Lodge,  except  the  Grand  Treasurer.  In  America, 
the  prerogative  of  appointment,  which  was  vested 
by,  ancient  usage  in  the  Grand  Master,  has  been 
greatly  abridged,  and  is  now  restricted  to  the  no- 
mination of  some  of  the  subordinate  officers  of  the 
Grand  Lodge.  The  Deputy,  the  Wardens,  the 
Treasurer  and  Secretary  are  now  elected  by  the 
Grand  Lodge.  In  view  of  the  fact  that  none  of  the 
officers  of  the  Grand  Lodge,  except  the  Grand  Mas- 
ter, owe  their  existence  to  a  Landmark,  but  are  al] 


GRAND   MASTER.  457 

the  creatures  of  regulations,  adopted  from  time  to 
time,  and  in  view,  too,  of  the  other  important  fact 
that  regulations  on  the  subject  were  continually 
changing,  so  that  we  find  an  officer  at  one  time  ap- 
pointed, and  at  another  time  elected,  I  am  con- 
strained to  believe  that  the  right  of  appointment  is 
one  of  the  few  prerogatives  of  the  Grand  Master, 
which  is  not  inherent  in  his  office,  but  which  is  sub- 
ject to  the  regulation  of  the  Grand  Lodge. 

5.  The  Twelfth  Kegulation  of   1721  gave  the 
Grand  Master  the  prerogative  of  casting  two  votes 
in  all  questions  before  the   Grand  Lodge.     The 
words  of  the  Regulation  are,  it  is  true,  very  explicit, 
and  would  seem  to  leave  no  doubt  upon  its  face ; 
and  yet  I  am  scarcely  inclined  to  believe  that  under 
all  circumstances  that  officer  was  permitted  to  vote 
twice,  while  every  other  member  voted  but  once. 
Contemporaneous  exposition,  however,  supplies  no 
aid  in  the  interpretation  of  the  law  ;  for  I  have 
looked  in  vain  through  the  earlier  editions  of  the 
Book  of  Constitutions  for  any  further  reference  to 
the  subject.     The  modern  Grand  Lodge  of  England 
retains  the  very  words  of  the  Old  Regulations  ;  but 
in  this  country,  where  it  has  principally  been  pre- 
served by  usage,  it  is  so  interpreted  as  that  the 
Grand  Master  gives  his  second  vofe  only  in  the  case 
of  a  tie,  and  this,  I  suspect,  was  the  object  of  the 
original  law. 

6.  I  come  now  to  one  of  the  most  important  pre- 
rogatives of  a  Grand  Master,  that,  namely,  of  grant- 
ing dispensations.    A  dispensation  may  be  defined 

20 


GRAND   MASTfiR. 

to  be  "the  granting  of  a  license,  or  the  license  it- 
self, to  do  what  is  forbidden  by  laws  or  regulation, 
or  to  omit  something  which  is  commanded  ;  that  is, 
the  dispensing  with  a  law  or  regulation,  or  the  ex- 
emption of  a  particular  person  from  the  obligation 
to  comply  with  its  injunctions."*  This  power  to 
dispense  with  the  provisions  of  law  in  particular 
cases  appears  to  be  inherent  in  the  Grand  Master, 
because,  although  frequently  referred  to  in  the  Old 
Regulations,  it  always  is  as  if  it  were  a  power  al- 
ready in  existence,  and  never  by  way  of  a  new  grant. 
There  is  no  record  of  any  Masonic  statute  or  consti- 
tutional provision  conferring  this  prerogative  in 
distinct  words.  The  instances,  however,  in  which 
this  prerogative  may  be  exercised  are  clearly  enu- 
merated in  various  places  of  the  Old  Constitutions, 
so  that  there  can  be  no  difficulty  in  understanding  to 
what  extent  the  prerogative  extends. 

Thus,  one  of  the  Regulations  of  1721  prescribes 
that  "no  Lodge  shall  make  more  than  five  new 
brethren  at  one  time  ;"t  but  the  Grand  Master  may 

*  This  is  the  definition  of  WEBSTER,  except  that  the  word  "  regulation' 
has  been  substituted  for  "  canon."  Du  CANGE  (Glossarium)  defines  a  dis 
pensation  to  be  a  prudent  relaxation  of  a  general  law.  Provida  juris  com 
munis  relaxatio.  While  showing  how  much  the  ancient  ecclesiastical 
authorities  were  opposed  to, the  granting  of  dispensations,  since  they  prefer 
red  to  pardon  the  offense  after  the  law  had  been  violated,  rather  than  to  giv 
a  previous  license  for  its  violation,  he  adds,  "  but  however  much  the  Roman 
Pontiffs  and  most  pious  Bishops  felt  of  reverence  for  the  ancient  Regulations 
they  were  often  compelled  to  depart  in  some  measure  from  them,  for  th« 
utility  of  the  church ;  and  this  milder  method  of  acting,  the  jurists  called  a 
dispensation." 

t  Regulations  of  1721,  art.  iv. 


MASTER.  459 

grant  his  dispensation  to  authorize  any  Lodge  on  a 
particular  occasion  to  go  beyond  this  number. 

Again,  in  another  Regulation  it  is  enacted  that 
"  no  man  can  be  made  or  admitted  a  member  of  a 
particular  Lodge  without  previous  notice  one  month 
before  ;"*  but  here  the  Grand  Master  may  interfere 
with  his  dispensing  power,  and  permit  a  candidate 
to  be  made  without  such  previous  notice. 

Another  Regulation  prescribes  that  "  no  set  or 
number  of  brethren  shall  withdraw  or  separate 
themselves  from  the  Lodge  in  which  they  were  made 
brethren,  or  were  afterwards  admitted  members, 
unless  the  Lodge  becomes  too  numerous,  nor  even 
then,  without  a  dispensation. "f  But  this  Regula- 
tion has  long  since  become  obsolete,  and  Masons 
now  demit  from  their  Lodges  without  the  necessity 
of  asking  a  dispensation.  In  fact,  as  the  law  is  no 
longer  in  force,  no  authority  is  needed  to  dispense 
with  its  injunctions. 

The  Twelfth  Regulation  of  1721  prescribes  that 
none  but  members  of  the  Grand  Lodge  shall  be  per- 
mitted to  be  present  at  its  quarterly  communica- 
tions, except  by  dispensation.  The  Grand  Master 
is  thus  authorized  to  set  aside  the  provisions  of  the 
law  for  the  benefit  of  a  particular  individual,  and 
this  right  of  the  Grand  Master  to  admit  strangers 
as  visitors  in  the  Grand  Lodge  is  still  recognized  as 
one  of  his  prerogatives. 

Besides  these  particular  instances  of  the  exercise 
cf  the  dispensing  power  which  are  referred  to  in 

*  Regulations  of  1721,  art.  v.  f  JM&-  art.  viiL,  ante  p.  67. 


460  GRAND   MASTEK. 

the  Old  Regulations,  there  are  many  others  which 
arise  from  the  nature  of  the  prerogative,  and  which 
have  been  sanctioned  by  immemorial  usage. 

Thus,  when  a  Lodge  has  neglected  to  elect  its 
officers  at  the  constitutional  time  of  election,  or 
having  elected  them,  has  failed  to  proceed  to  instal 
lation,  the  Grand  Master  may,  on  application,  issue 
his  dispensation,  authorizing  the  election  or  instal- 
lation to  take  place  at  some  time  subsequent  to  the 
constitutional  period.  And  without  such  dispensa- 
tion, no  election  or  installation  could  take  place ; 
but  the  old  officers  would  have  to  continue  in  office 
until  the  next  regular  time  of  election,  for  no  Lodge 
can  perform  any  act  at  any  other  time,  or  in  any 
other  mode,  except  that  which  is  provided  by 
its  by-laws,  or  the  Regulations  of  the  Grand 
Lodge,  unless  in  a  particular  case  a  dispensation  is 
granted  to  set  aside  for  the  time  the  provisions  of 
the  law. 

Again  :  although  no  one  can  serve  as  Master  of  a 
Lodge,  unless  he  has  previously  acted  as  a  Warden, 
yet  in  particular  cases,  as  in  the  organization  of  a 
new  Lodge,  or  when,  in  an  old  Lodge,  no  one  who 
has  been  a  Warden  is  willing  to  serve  as  Master, 
the  Grand  Master  may  grant  his  dispensation,  em- 
powering the  members  to  elect  a  Master  from  the 
floor. 

But  as  it  is  a  principle  of  the  law  that  the 
benignity  of  the  Grand  Master  must  not  affect  the 
rights  of  third  parties,  no  dispensation  can  issue 
for  the  election  from  the  floor,  if  there  be  a  Warden 


GRAND    MASTER.  461 

or  Past  Warden  who  is  willing  to  serve  ;  for  eligi- 
oility  to  the  chair  is  one  of  the  prerogatives  which 
arises  from  having  served  in  the  office  of  Warden, 
and  a  dispensation  cannot  set  aside  a  prerogative. 

By  the  operation  of  the  same  equitable  principle, 
the  Grand  Master  is  prohibited  from  issuing  a  dis- 
pensation to  authorize  the  initiation  of  a  person  who 
has  been  rejected  by  a  Lodge  ;  for  it  is  the  inherent 
right  of  a  Lodge  to  judge  of  the  fitness  of  its  own 
members,  and  the  Grand  Master  cannot,  by  the 
exercise  of  his  dispensing  power,  interfere  with  this 
inherent  right. 

7.  Analogous  to  this  dispensing  power  is  the  pre- 
rogative which  the  Grand  Master  possesses  of 
authorizing  Masons  to  congregate  together  and  form 
a  Lodge.  According  to  the  Regulations  of  1721, 
and  the  modern  Constitutions  of  England,  the 
Grand  Master  has  the  power  to  grant  warrants  for 
the  permanent  establishment  of  Lodges,  by  warrant 
of  constitution.  But  in  this  country  this  preroga- 
tive has  not,  for  many  years,  been  exercised  by 
Grand  Masters,  who  only  grant  their  authority  for 
the  holding  of  Lodges  temporarily,  until  the  next 
communication  of  the  Grand  Lodge.  Hence,  as  no 
Lodge  can  be  legally  held,  except  under  a  warrant 
of  constitution,  granted  by  a  Grand  Lodge,  when 
the  Grand  Master  permits  such  an  assemblage,  he 
suspends  for  a  time  the  operation  of  the  law  ;  and 
for  this  reason  the  document  issued  by  him  for  this 
purpose  is  very  appropriately  called  a  dispensation, 
for  it  is  simply  a  permission  or  license  granted  to 


462  GRAND   MASTER. 

certain  brethren  to  dispense  with  the  law  requiring 
a  warrant,  and  to  meet  and  work  masonically  with- 
out such  an  instrument. 

8.  Consequent  upon  and  intimately  connected 
with  this  dispensing  power  is  that  much  contested 
prerogative  of  the  Grand  Master  to  make  Masons 
at  sight.  I  know  of  no  principle  of  Masonic  law 
which  has  given  rise  to  a  greater  diversity  of 
opinions,  or  more  elaborate  argument  on  both  sides, 
than  this.  While  the  Grand  Lodges  or  the  Com- 
mittees of  Foreign  Correspondence  of  Indiana,  Ken- 
tucky, Maryland,  Mississippi,  New  Hampshire,  New 
York,  North  and  South  Carolina,  Vermont  and 
Wisconsin,  clearly  admit  the  prerogative,  those  of 
California,  Louisiana,  Massachusetts,  Missouri  and 
Tennessee,  as  positively  deny  it,  while  Florida  and 
Texas  recognize  its  existence  only  under  limited 
modifications.  The  weight  of  authority  is  certainly 
on  the  side  of  the  prerogative.  I  think  that  it  can 
readily  be  proved  that  ancient  usage,  as  well  a3 
the  natural  deductions  from  the  law,  equally  sup- 
port it. 

It  has  always  appeared  to  me  that  much  of  the 
controversy  was,  after  all,  rather  a  dispute  about 
words  than  about  things.  The  words  "  making 
Masons  at  sight"  are  not  to  be  found  in  any  of  the 
Constitutions  or  records  of  the  legitimate  Grand 
Lodge  of  England.  They  were  first  used  by  that 
schismatic  body  known  in  history  as  the  Athol 
Grand  Lodge,  and  are  to  be  found  in  its  authorized 
Book  of  Constitutions,  the  "  Ahimaii  Kezon"  of 


GRAND   MASTER.  463 

Laurence  Dermott.*  The  "  moderns,"  as  they  were 
called,  or  the  regular  body,  always  spoke  of 'making 
Masons  in  an  occasional  Lodge/7  and  these  words 
continually  occur  in  the  second  edition  of  the  Book 
of  Constitutions,  published  by  Dr.  Anderson,  and  in 
all  the  subsequent  editions  compiled  by  other  edi- 
tors. Thus  we  find  that  in  1731,  "  Grand  Master 
Lovel  formed  an  occasional  Lodge  at  Sir  Robert 
Walpole's  house  of  Houghton  Hall,  in  Norfolk,  and 
made  Brother  Lorrain  and  Brother  Thomas  Pel- 
ham,  Duke  of  Newcastle,  Master  Masons."t 

Again,  "  on  the  16th  of  February,  1766,  an  occa- 
sional Lodge  was  held  at  the  Horn  Tavern,  in  New 
Palace  Yard,J  by  the  Right  Hon.  Lord  Blaney, 
Grand  Master.  His  Royal  Highness  William  Henry, 
Duke  of  Gloucester,  was  in  the  usual  manner  intro- 
duced and  made  an  Entered  Apprentice,  passed  a 
Fellow  Craft,  and  raised  to  the  degree  of  a  Master 
Mason."! 

And  again,  "  on  February  9,  1767,  an  occasional 
Lodge  was  held  at  the  Thatched  House  Tavern,  in 
St.  James  Street,  by  Col.  John  Salter,  Deputy 
Grand  Master,  as  Grand  Master,  and  his  Royal 
Highness  Henry  Frederick,  Duke  of  Cumberland, 

*  The  language  of  DERMOTT  is  as  follows  :  "  The  Right  Worshipful  Grand 
Master  has  full  power  and  authority  to  make  (or  cause  to  be  made  in  his 
Worship's  presence)  Free  and  Accepted  Masons  at  sight,  and  such  making 
is  good."— DERMOTT'S  Ahim.  Rez,  third  edit.  1778,  p.  72. 

t  Book  of  Constitutions,  second  edit.  p.  129. 

J  The  regular  place  of  meeting  of  the  Grand  Lodge  at  that  time  wa.<  at 
the  Crown-and-Anchor  in  the  Strand. 

§  Book  of  Constitutions,  third  edit.  p.  313. 


461  GRAND   MASTER. 

was,  in  the  usual  manner,  introduced  and  made  an 
Entered  Apprentice,  passed  a  Fellow  Craft,  and 
raised  to  the  degree  of  a  Master  Mason."* 

Now,  in  all  of  these  cases  the  candidates  were 
made  by  the  Grand  Master,  without  previous  notice, 
and  not  in  a  regular  Lodge  ;  and  this  is  what  I  sup- 
pose to  be  really  meant  by  making  Masons  at  sight. 
Dermott  adopted  this  phraseology,  but  Anderson 
and  his  successors  called  it  "  making  Masons  in  an 
occasional  Lodge."  The  two  expressions  mean  ex 
actly  the  same  thing. 

Now,  by  way  of  illustrating  this  theory,  let  it  be 
supposed  that  the  Grand  Master  of  a  certain  juris- 
diction is  desirous  of  making  a  Mason  at  sight,  or  in 
an  occasional  Lodge.  How  is  he  to  exercise  this 
prerogative  ?  Why,  he  summons  not  less  than  six 
Master  Masons  to  his  assistance,  himself  making  the 
seventh,  which  number  is  necessary  to  form  a  per- 
fect Lodge.  They  meet  together,  and  he  grants  his 
dispensation,  (which  is  virtually  done  by  his  pres- 
ence) permitting  a  Lodge  to  be  opened  and  held. 
The  candidate  upon  whom  the  Grand  Master  in- 
tends to  exercise  his  prerogative,  applies  for  initia- 
tion, and  the  Grand  Master  having  dispensed  with 
the  Regulation  which  requires  the  petition  to  lie 
over  for  one  month,  the  Lodge  proceeds  to  confer 
the  first  and  second  degrees,  the  Grand  Master 
being  in  the  chair.  On  the  following  evening,  the 

*  Book  of  Constitutions,  third  edition,  p.  319.  Salter  was  at  that  time 
exercising  the  prerogatives  of  Grand  Master,  because  Lord  Blaney  was 
out  of  the  jurisdiction,  being  in  Ireland.— See  PRESTON,  p.  228. 


GRAND   MASTER.  465 

same  brethren  again  meet,  and  the  candidate  re- 
ceives the  third  degree,  the  Grand  Master  occupying 
the  chair  as  before. 

The  Lodge  having  accomplished  all  that  was  re- 
quired of  it,  the  Grand  Master  ceases  to  exercise 
his  dispensing  power — which  he  is  of  course  at 
liberty  to  do,  for  his  dispensation,  like  the  king's 
writ,  is  granted  durante  beneplacito,  during  his  good 
pleasure — and  the  Lodge  is  dissolved.  But  the 
making  of  the  candidate  is  good  ;  nor  do  I  see  how 
it  can  be  denied,  for  certainly  if  the  Grand  Master 
can  authorize  A,  B  and  C  to  make  Masons  by  dis- 
pensation— and  this  no  one  doubts — then  surely  he 
can  exercise  the  same  functions  which  he  has  the 
power  of  delegating  to  others. 

And  this  I  suppose  to  be  all  that  is  meant  by  the 
prerogative  of  the  Grand  Master  to  make  Masons 
at  sight.  It  is  the  necessary  result  of,  and  indeed 
is  the  same  thiug  in  a  modified  form,  as  his  prero- 
gative to  open  Lodges  by  dispensations  granted  to 
others. 

But  in  exercising  this  important  prerogative,  the 
Grand  Master  must  be  governed  by  all  those  prin- 
ciples which  would  apply  to  the  initiation  of  candi- 
dates in  an  ordinary  Lodge  under  dispensation  , 
for  although  he  may  dispense  with  the  provisions 
of  a  Regulation,  he  cannot  dispense  with  the  Land- 
marks. The  candidate  must  be  possessed  of  all  the 
requisite  qualifications,  nor  can  the  Grand  Master 
interfere  with  any  Lodge  by  making  a  candidate 
who  has  been  rejected  ;  for  he  cannot  exercise 

Off* 


466  GRAND   MASTER, 

any  of  his  prerogatives  to  the  injury  of  other 
parties. 

Another  important  prerogative  of  the  Grand 
Master  is  that  of  arresting  the  charter  of  a  subordi- 
nate Lodge.  To  arrest  the  charter,  is  a  technical 
phrase,  by  which  is  meant  to  suspend  the  work  of  a 
Lodge — to  prevent  it  from  holding  its  usual  com- 
munications, and  to  forbid  it  to  transact  any  busi- 
ness, or  to  do  any  work.  A  Grand  Master  cannot 
revoke  the  warrant  of  a  Lodge  ;  for  this,  as  I  have 
already  shown,  is  the  peculiar  prerogative  of  the 
Grand  Lodge.  But  if,  in  his  opinion,  the  good  of 
Masonry,  or  any  other  sufficient  cause  requires  it,  he 
may  suspend  the  operation  of  the  warrant  until  the 
next  communication  of  the  Grand  Lodge,  which 
body  is  alone  competent  to  revise  or  approve  of  his 
action.  But  this  prerogative  of  the  Grand  Master, 
as  it  deprives  a  Lodge  of  its  activity  and  usefulness 
for  a  period  of  some  duration,  and  inflicts  some  por- 
tion of  disgrace  upon  the  body  which  lias  subjected 
itself  to  such  discipline,  should  be  exercised  with 
the  utmost  caution  and  reluctance. 

The  doctrine  of  the  right  of  appeal  has  been  so 
fully  discussed  in  a  former  part  of  this  work,  that  it 
is  scarcely  necessary  to  say  more  on  this  subject 
than  that  it  is  held  to  be  the  settled  law  of  Masonry, 
at  this  time,  that  an  appeal  cannot  be  taken  from 
the  decision  of  the  Grand  Master  to  the  Grand 
Lodge.  The  Committee  of  Foreign  Correspondence 
of  the  Grand  Lodge  of  New  York,  in  1852,  expres- 
sed views  on  this  subject  with  which  I  so  heartily 


GRAND   MASTER.  467 

concur,  that  I  readily  borrow  their  language  :  "  We 
think,"  they  say,  "  that  no  appeal  lies  from  his  de- 
cision, because  he  is,  in  his  official  position,  required, 
like  the  Master  in  his  Lodge,  to  see  that  the  Consti- 
tutions and  laws  of  Masonry  are  faithfully  observed. 
He  cannot  do  this  if  his  opinion  or  decision  may  be 
instantly  set  aside  by  an  appeal  to  that  majority, 
which  is  about  to  violate  them.  In  such  case  also 
he  may  close  the  Lodge  to  prevent  the  violation  ; 
so  that  calm  reason  teaches  us  that  there  is  no  other 
just  rule  in  the  matter  than  that  of  the  supremacy 
and  inviolability  of  presiding  officers." 

I  know  that  a  few  Grand  Lodges,  or  rather  their 
Committees  of  Correspondence,  have  censured  views 
like  these,  and  declare  them  to  be  investing  a  Grand 
Master  with  what  they  call  "the  one  man  power." 
It  may  be  so  ;  and  in  like  manner  the  undisputed 
power  of  the  Worshipful  Master  over  his  Lodge  may 
receive  a  similar  designation.  And  yet  it  is,  in  a 
great  measure,  to  this  power  beyond  appeal,  to  the 
responsibility  which  it  entails,  and  to  the  great  cau- 
tion which  it  necessarily  begets,  that  we  must  attri 
bute  much  of  the  harmony  and  stability  which  have 
always  characterized  the  Order. 

Should  the  Grand  Master  ever  abuse  this  great 
power,  and  by  unjust  or  incorrect  decisions  endan- 
ger the  prosperity  of  the  institution,  the  conserva- 
tive principle  of  an  annual  election  will  afford  a 
competent  check,  and  the  evil  of  an  oppressive  or  an 
ignorant  presiding  officer  can  readily  be  cured  by 


468  GRAND   MASTER. 

his  displacement  at  the  constitutional  period,  and  in 
the  constitutional  way. 

The  last  subject  to  be  discussed  in  reference  to 
the  office  of  Grand  Master,  is  the  question  of  suc- 
cession. In  case  of  the  death  or  absence  of  the 
Grand  Master,  who  succeeds  to  his  office  ? 

There  never  lias  been  any  doubt  that  in  case  of 
the  death  or  absence  from  the  jurisdiction  of  the 
Grand  Master,  the  Deputy  succeeds  to  the  office,  for 
this  seems  to  have  been  the  only  object  of  his  ap- 
pointment. The  only  mooted  point  is  as  to  the  suc- 
cessor, in  the  absence  of  both. 

The  Fourteenth  Regulation  of  1721  had  pre- 
scribed, that  if  the  Grand  Master  and  his  Deputy 
should  both  be  absent  from  the  Grand  Lodge,  the 
functions  of  Grand  Master  shall  be  vested  in  "  the 
present  Master  of  a  Lodge  that  has  been  the  longest 
a  Freemason."  unless  there  be  a  Past  Grand  Master 
or  Past  Deputy  present.  But  this  was  found  to  be 
an  infringement  on  the  prerogatives  of  the  Grand 
Wardens,  and  accordingly  a  new  Regulation  ap- 
peared in  the  second  edition  of  the  Book  of  Consti- 
tutions, which  prescribed  that  the  order  of  succession 
should  be  as  follows  :  the  Deputy,  a  Past  Grand 
Master,  a  Past  Deputy  Grand  Master,  the  Senior, 
and  then  the  Junior  Grand  Warden,  the  oldest  for- 
mer Grand  Warden  present,  and  lastly,  the  oldest 
Freemason  who  is  the  Master  of  a  Lodge. 

But  this  order  of  succession  does  not  appear  to 
be  strictly  in  accordance  with  the  representative 
character  of  the  Grand  Lodge,  since  Past  Grand 


DEPUTY  GRAND  MISTER.          469 

officers,  who  are  not  by  inherent  right  members  of 
the  Grand  Lodge,  should  not  be  permitted  to  take 
precedence  of  the  actual  members  and  representa- 
tives. Accordingly,  in  this  country,  the  Regulation 
has  in  general  been  modified,  and  here  the  Deputy 
succeeds  the  Grand  Master,  and  after  him  the 
Wardens,  in  order  of  their  rank,  and  then  the  Mas- 
ter of  the  oldest  Lodge  present,  Grand  officers  being 
entirely  excluded. 

The  duties  and  prerogatives  to  which  these  offi- 
cers succeed,  in  case  of  the  absence  of  the  Grand 
Master  from  any  communication,  are  simply  those 
of  a  presiding  officer,  although  of  course  they  are 
for  the  time  invested  with  all  the  rights  which  are 
exercised  by  the  Grand  Master  in  that  capacity. 
But  if  the  Grand  Master  be  within  the  limits  of  the 
jurisdiction,  although  absent  from  the  Grand  Lodge, 
all  their  temporary  functions  cease  as  soon  as  the 
Grand  Lodge  is  closed. 

If,  however,  the  Grand  Master  is  absent  from  the 
jurisdiction,  or  has  demised,  then  these  officers,  in 
the  order  already  stated,  succeed  to  the  Grand  Mas- 
tership, and  exercise  all  the  prerogatives  of  the 
office  until  his  return,  or,  in  the  case  of  his  death, 
until  the  next  communication  of  the  Grand  Lodge. 

SECTION  H. 

THE  DEPUTY  GFAND  MASTER. 

The  office  of  Deputy  Grand  Master  is  neither  so 
important  nor  so  ancient  as  that  of  Grand  Master, 


170  DEPUTY  GRAND   MASTER. 

and  seems  originally  to  have  been  established  for 
rtie  purpose  of  relieving  the  latter  officer  of  much 
of  the  labor  which  the  proper  discharge  of  his 
duties  would  demand.  Hence,  in  the  first  four  years 
of  the  history  of  the  Order,  after  the  reorganization 
of  the  Grand  Lodge,  in  the  beginning  of  the  last 
century,  while  the  chair  was  occupied  by  Commoners, 
there  was  no  Deputy  ;  and  it  was  not  until  the  elec- 
tion of  the  Duke  of  Montagu,  as  Grand  Master,  in 
1721,  that  the  appointment  was  made.*  The  Six- 
teenth of  the  Regulations,  adopted  in  that  year, 
very  distinctly  shows  that  the  object  of  the  creation 
of  the  office  of  Deputy  was,  that  that  officer  should 
relieve  the  Grand  Master  from  the  inconvenience 
of  attending  to  the  details  of  business.t  Nor  does 
that  officer  appear,  from  anything  that  we  find  in 
the  old  Constitutions,  to  have  exercised  or  posses- 
sed any  other  prerogatives  than  those  which  he 
claimed  in  the  Grand  Master's  right,  whose  assist- 

*  December  27. 1720,  the  Regulation  was  adopted,  that  in  future  the  new 
Grand  Master  shall  have  the  sole  power  of  appointing  a  Deputy  Grand  Mas- 
ter, "  now  proved/'  says  ANDERSON,  "  as  necessary  as  formerly,  according 
to  ancient  custom,  when  noble  brothers  were  Grand  Masters." — Book  of 
Const,  second  edit.  p.  111.  In  the  historical  statement  made  by  ANDERSON, 
I  place  no  confidence,  for  Prince  Edwin  had  no  Deputy  ;  but  he  evidently 
assigns  the  true  reason  for  the  modern  appointment,  that  noblemen  might  be 
relieved  of  the  burdens  of  a  laborious  office. 

t  "  The  Grand  Wardens  or  any  others  are  first  to  advise  with  the  Deputy 
about  the  affairs  of  the  Lodge,  or  of  the  brethren,  and  not  to  apply  to  the 
Grand  Master,  without  the  knowledge  of  the  Deputy,  unless  he  refuse  his 
concurrence  in  any  certain  necessary  affair." — Reg.  of  1721,  art.  xvi.  And 
again  :  "  The  Grand  Master  should  receive  no  intimation  of  business  con 
cerning  Masonry,  but  from  bis  Deputy  first,  except  in  such  cases  as  his  Wor 
ship  can  well  judge  of/' — Ibid. 


DEPUTY  GRAND  MASTER.          471 

ant  he  was.  The  usage  in  this  country  generally 
still  continues  to  assign  to  him  that  subordinate  po- 
sition ;  and,  except  in  a  few  jurisdictions,  where 
additional  powers  have  been  specially  granted  by 
constitutional  enactment,  he  exercises  the  preroga- 
tive of  presiding  over  the  craft  only  in  the  absence 
of  the  Grand  Master  from  the  jurisdiction,  while 
during  his  presence  he  simply  assists  him  with  his 
counsel  and  advice. 

To  this,  however,  there  are  exceptions,  and  the 
Deputy  is  in  some  States  invested  with  the  preroga- 
tive of  establishing  Lodges  and  of  granting  dispen- 
sations.* Such  powers  are  not  derived  from  either 
the  ancient  usages  or  Constitutions,  and  the  Regu- 
lations conferring  them  must  be  considered  as 
wholly  of  a  local  nature  ;  and  in  so  far  as  they  in- 
terfere with  the  exclusive  inherent  prerogatives  of 
the  Grand  Master.  I  cannot  but  believe  them  to  be 
inexpedient  and  unconstitutional.  By  the  ancient 
Landmarks  of  Masonry,  the  dispensing  power  could 
be  exercised  only  by  the  Grand  Master,  and  to  con- 
fer it  on  others  is  to  divest  him  of  his  prerogative, 
which  it  is  clearly  not  in  the  power  of  any  Grand 
Lodge  to  do. 

The  Provincial  Grand  Master  is  an  officer  known 
only  to  the  English  Constitutions.  The  first  ap- 
pointment of  one  recorded  in  the  Book  of  Consti- 
tutions is  that  of  Bro.  Winter,  as  Provincial  Grand 

*  Thus,  in  Ohio,  he  grants  dispensations,  and  in  New  York,  in  addition  to 
this  prerogative,  suspends  warrants,  visits  Lodges,  and  exercises  many  othei 
tights  which  Ihe  Old  Conatitutions  had  confined  to  the  Grand  Master. 


4:72  DEPUTY   GRAND   MASTER, 

Master  of  East  India,  which  was  made  in  1730,  by 
the  Duke  of  Norfolk.  The  modern  Constitutions 
of  England  invest  him  with  powers  in  his  own  pro- 
vince  very  similar  to  those  of  the  Grand  Master,  to 
whom,  however,  or  to  the  Grand  Lodge,  an  appeal 
always  lies  from  his  decisions. 

In  this  country  the  office  of  District  Deputy  Grand 
Master  appears  to  have  taken  the  place,  in  many 
jurisdictions,  of  the  English  Provincial  Grand  Mas- 
ters ;  but  as  the  office  has. been  created  by  a  special 
enactment  in  every  case,  the  Regulations  which  re- 
fer to  it  must  be  considered  as  strictly  local  in  their 
character.  Hence  the  duties  and  prerogatives  of 
these  officers  widely  differ  in  different  jurisdictions; 
and  a  consideration  of  them  can  find  no  place  in  a 
treatise  on  the  general  principles  of  Masonic  law. 
Individually,  I  confess  that  I  am  opposed  to  the 
creation  of  the  office,  as  infringing  on  the  simplicity 
of  the  Masonic  system  of  government,  although  it 
cannot  be  denied  that  a  Grand  Lodge  has  the  right 
to  create  such  an  office,  so  long  as  the  powers  con- 
ferred on  the  officer  do  not  affect  the  inherent  prero- 
gatives of  the  Grand  Master;  with  which,  of  course, 
Ao  modern  Constitutions  can  interfere. 

In  England,  the  Deputy  Grand  Master  has  always 
been  appointed  by  the  Grand  Master.  The  same 
rule  has  been  followed  by  a  few  Grand  Lodges  in 
this  country  ;  but  the  more  general  custom  is  for 
the  Grand  Lodge  to  elect  hin. 


GRAND   WARDENS.  473 

SECTION  HI. 
THE  GRA>D  WARDENS. 

Next  in  dignity  to  the  Deputy  come  the  Senior 
and  Junior  Grand  Wardens.  These  two  officers 
are,  however,  although  subordinate  in  rank,  of 
much  more  importance  than  the  Deputy,  in  the 
working  of  the  Order,  and  are  possessed  of  some 
prerogatives  which  do  not  belong  to  him.  Their 
duties  do  not  very  materially  differ  from  those  of 
the  corresponding  officers  in  a  subordinate  Lodge, 
although  of  course,  from  their  more  exalted  posi- 
tion, their  powers  are  more  extensive. 

In  this  country,  by  universal  consent,  the  Ward- 
ens succeed  to  the  government  of  the  craft  in  order 
of  rank,  upon  the  death  or  absence  from  the  juris- 
diction of  the  Grand  and  Deputy  Grand  Masters. 
But  the  subject  of  the  succession  to  the  chair  has 
already  been  considered  in  a  preceding  section. 

The  first  of  the  Regulations  of  1721  had  pre- 
scribed that  the  Grand  Master,  in  his  official  visita- 
tion to  a  subordinate  Lodge,  "  might  command  the 
Wardens  of  that  Lodge,  or  any  other  Master 
Masons,  to  act  there  as  his  Wardens,  pro  temporef 
but  as  this  was  found  to  be  an  interference  with  the 
rights  of  the  Grand  Wardens,  the  Regulation  was 
soon  after  explained  as  only  being  applicable  to 
cases  where  they  were  absent  •  for  it  was  declared 
that  the  Grand  Master  cannot  deprive  them  of  their 
office  without  showing  cause,  so  that  if  they  are 


474  GRAND   WARDENS. 

present  in  a  particular  Lodge  with  the  Grand  Mas- 
ter, they  must,  if  he  presides,  act  as  Wardens.  And 
accordingly,  this  has  ever  since  been  considered  as 
one  of  their  prerogatives. 

As  in  a  subordinate  Lodge,  so  in  the  Grand  Lodge, 
the  Junior  Grand  Warden  does  not  occupy  the  west 
in  the  absence  of  the  Senior  Grand  Warden.*  The 
two  offices  are  entirely  distinct;  and  the  Junior 
Grand  Warden  having  been  elected  and  installed 
to  preside  in  the  south,  can  leave  that  station  only 
for  the  east,  in  the  absence  of  all  his  superiors. 
A  vacancy  in  the  west  must  be  supplied  by  tempo- 
rary appointment. 

On  the  same  principle,  the  Senior  Grand  Warden 
cannot  supply  the  place  of  the  absent  Deputy  Grand 
Master.  In  fact,  in  the  absence  from  the  Grand 
Lodge  of  the  Deputy,  it  is  scarcely  necessary  that 
his  office  should  be  filled  by  the  temporary  appoint- 
ment of  any  person ;  for,  in  the  presence  of  the 
Grand  Master,  the  Deputy  has  no  duties  to  perform. 

The  old  Charges  of  1722  required  that  no  one 
could  be  a  Grand  Warden  until  he  had  been  the 
Master  of  a  Lodge.*  The  rule  still  continues  in 
force,  either  by  the  specific  regulation  of  modern 
G  and  Lodges,  or  by  the  force  of  usage,  which  is 
tlu  best  interpreter  of  law. 

By  the  Regulations  of  1721,  the  Grand  Master 

*  The  Sixteenth  Regulation  of  1721  prohibited  a  Grand  Warden  from  act 
ing  as  the  Master  of  a  Lodge  ;  but  this  rule  seems  now  to  be  obsolete,  al- 
though I  have  no  doubt  tha  the  dignity  of  the  office  would  be  consulted  by 
ifs  enforcement. 


GRAND   TREASURER.  475 

possessed  the  power  of  nominating  the  Grand 
Wardens ;  but  if  his  nomination  was  not  unani- 
mously approved,  the  Grand  Lodge  proceeded  to  an 
election,  so  that  really  the  choice  of  these  officers 
was  vested  in  the  Grand  Lodge.  By  the  universal 
usage  of  the  present  day,  the  power  of  nomination 
is  not  exercised  by  Grand  Masters,  and  the  Grand 
Wardens  are  always  elected. 

SECTION  IV. 

THE  GRAND  TREASURER. 

The  office  of  Grand  Treasurer  was  provided  for 
in  the  Regulations  approved  in  1722,  and  it  was 
then  prescribed  that  he  should  be  "  a  brother  of 
good  worldly  substance,  who  should  be  a  member 
of  the  Grand  Lodge,  by  virtue  of  his  office,  and 
should  be  always  present,  and  have  power  to  move 
to  the  Grand  Lodge  anything,  especially  what  con- 
cerns his  office."*  Again,  in  1724,  on  the  organiza- 
tion of  the  Committee  of  Charity  of  the  Grand 
Lodge,  it  was  enacted  that  a  Treasurer  should  be 
appointed,  in  whose  hands  the  amounts  collected 
might  be  deposited.  But  it  was  not  until  the  year 
1727  that  the  office  was  really  filled  by  the  selection 
of  Nathaniel  Blakerby.f  Even  then,  however,  the 
office  does  not  appear  to  have  been  considered  by 
the  Grand  Lodge  as  a  distinct  appointment,  but 
rather  as  one  which  any  responsible  brother  might 

*  ANDKKSON,  first  edit.  p.  62.  —  Reg.  of  1721,  art  xiii. 
t  Ibid,  second  edit  p.  179. 


i76  GRAND   TREASURER. 

fill,  lit.  addition  to  his  oilier  duties  j  for  the  Treasu- 
rer, Biakerby,  was  in  the  next  year  appointed  Deputy 
Grand  Master,  and  discharged  the  functions  of  both 
offices  at  the  same  time  •*  and  when  he  resigned  the 
office,  the  appointment  was  given  to  the  Grand 
Secretary,  who,  during  Blakerby's  administration, 
had  sometimes  performed  his  duties  ;  but  at  length, 
in  1738,  Bro.  Revis,  the  Grand  Secretary,  declined 
the  office,  very  properly  assigning  as  a  reason  "  that 
both  those  offices  should  not  be  reposed  in  one  man, 
the  one  being  a  check  to  the  other."t  So  that  it 
was  not  until  the  year  1739  that,  by  the  appoint- 
ment of  Bro.  John  Jesse, J  as  Grand  Treasurer,  the 
office  assumed  a  distinct  and  separate  position  among 
the  offices  of  the  Grand  Lodge,  which  it  has  ever 
since  retained. 

The  Thirteenth  Regulation  of  1721  had  certainly, 
by  a  juet  construction  of  its  language,  made  the 
office  of  Grand  Treasurer  an  elective  one  by  the 
Grand  Lodge  ;§  but  notwithstanding  this,  both 
Biakerby  and  Jesse  were  appointed  by  the  Grand 
Master,  the  latter,  however,  at  the  unanimous  re- 
quest of  the  Grand  Lodge.  But  ever  since,  the 
office  of  Grand  Treasurer  has  been  made  an  elec- 
tive one.  || 

*  Thus  :  "  At  the  Grand  Lodge,  in  due  form,  on  27th  Dec.,  1729,  D.  G.  M. 
BLAKERBY,  the  Treasurer,  in  the  chair,  had  the  honor  to  thank  many  officers 
of  Lodges  for  bringing  their  liberal  charity." — ANDER.,  second  edit.  p.  179, 

t  Ibid,  p.  184.  J  Book  of  Const,  third  edit.  p.  226. 

§  "  They  [the  Grand  Lodge]  shall  also  appoint  a  Treasurer."— Reg.  1721 
art.  xiii. 

I!  Re\is  was  appointed  by  both  the  Grand  Mast.r  and  the  Grand  Lodge 


GRAND   SECRETARY.  177 

The  functions  of  the  Grand  Treasurer  ^lo  not 
differ  from  those  of  the  corresponding  officer  in  a 
subordinate  Lodge.  It  is  his  duty  to  act  as  the  de- 
positary of  all  the  funds  and  property  of  the  Grand 
Lodge,  to  keep  a  fair  account  of  the  same,  and 
render  a  statement  of  the  condition  of  all  the  pro- 
perty in  his  possession,  whenever  called  upon  by 
either  the  Grand  Master  or  the  Grand  Lodge.  He 
also  pays  all  bills  and  orders  which  have  been  ap- 
proved by  the  Grand  Lodge.  He  is,  in  one  word, 
under  such  regulations  as  that  body  shall  prescribe, 
the  banker  of  that  body.* 

The  old  Regulations  permitted  him  to  appoint  an 
assistant,  whose  only  qualification  was,  that  he  must 
be  a  Master  Mason.  But  such  assistant  did  not,  by 
his  appointment,  become  a  member  of  the  Grand 
Lodge,  although  permitted  to  be  present  at  its  com- 
munications. The  usage  has  been  continued  in 
many  of  the  Grand  Lodges  of  this  country. 

SECTION  V. 

THE  GRAND  SECRETARY. 

The  Regulations  of  1721  had  described  the  duties 
to  be  performed  by  the  Grand  Secretary  ;t  but  from 

perhaps  by  the  appointment  of  the  one,  and  with  the  consent  and  approba 
tion  of  the  other. — ANPER.,  second  edit.  p.  138. 

*  His  duties  are  very  fully  defined  in  the  Regulations  of  1721,  art.  xiii., 
see  ante  p.  70. 

t  "  There  shall  be  a  book  kept  by  the  Grand  Master,  or  his  Deputy,  or 
•ather  by  some  brother  whom  the  Grand  Lodge  shall  appoint  for  Secretary." 
-fag,  1721,  art.  xiii. 


4:78  GRAND   SECRETARY. 

the  organization  of  the  Grand  Lodge  in  1717,  to  the 
year  1723,  no  such  officer  had  been  appointed.  In 
the  last  mentioned  year,  however,  Bro.  William 
Cowper  was  chosen  by  the  Grand  Lodge.  The 
office  was  therefore  first  an  elective  one,  but  Ander- 
son, in  his  edition  of  1738,  says  that  "  ever  since, 
the  new  Grand  Master,  upon  his  commencement,  ap- 
points the  Secretary,  or  continues  him  by  returning 
him  the  books."*  This  usage  is  still  pursued  by  the 
modern  Grand  Lodge  of  England ;  but  in  every 
jurisdiction  of  this  country,  the  office  of  Grand 
Secretary  is  an  elective  one. 

The  functions,  the  discharge  of  which  is  intrusted 
to  the  Grand  Secretary,  are  of  the  most  important 
nature,  and  require  no  ordinary  amount  of  talent. 
It  is  his  duty  to  record  all  the  proceedings  of  the 
Grand  Lodge  with  the  utmost  fidelity  and  exactness. 
He  is  also  the  official  organ  of  the  Grand  Lodge, 
and  in  that  capacity  conducts  its  correspondence. 
He  is,  besides,  the  recipient  of  the  returns  and  dues 
of  Lodges,  which  amounts  he  pays  over  to  the  Grand 
Treasurer,  so  that  each  of  these  officers  acts  as  a 
check  upon  the  other. 

The  Grand  Secretary  is  also  in  this  country  th^ 
keeper  of  the  seal  of  the  Grand  Lodge,  which  he 
affixes  to  all  documents  that  require  it.  His  signa- 
ture is  considered  as  essential  to  the  validity  of  any 
document  which  emanates  from  the  Grand  Lodge. t 

*  ANDERSON,  second  edit.  p.  161. 

f  The  duties  which  in  other  countries  are  divided  among  several  officers 
am  in  America  concentrated  in  the  Grand  Secretary,  whc  is  hence  a  mwh 


GRAND   CHAPLAIN.  479 

Like  the  Grand  Treasurer,  he  was  permitted  by 
the  old  Regulations  to  appoint  an  assistant,  who  did 
not,  however,  by  such  appointment,  become  a  mem- 
ber of  the  Grand  Lodge.  The  Regulation  is  still 
in  force  in  several  of  the  American  jurisdictions. 


SECTION  VI. 

THE  GRAND  CHAPLAIN. 

This  is  an  office  of  very  modern  date.  No  al- 
lusion to  such  an  officer  is  to  be  found  in  any  of  the 
old  Constitutions,  and  Preston  informs  us  -that  it 
was  instituted  on  the  1st  of  May,  1775,  on  the  oc- 
casion of  the  laying  of  the  corner  stone  of  the  Free- 
masons' Hall  in  London.*  A  sense  of  propriety 
has,  however,  notwithstanding  its  want  of  antiquity, 
since  caused  this  office  to  be  universally  recognized 
by  the  Grand  Lodges  of  this  country,  some  of  whom 
have  increased  the  number  of  Grand  Chaplains  from 
one  to  several. 

The  duties  of  the  Grand  Chaplain  are  confined  to 
offering  up  prayer  at  the  communications  of  the 
Grand  Lodge,  and  conducting  its  devotional  exer- 
cises on  public  occasions. 

He  is,  by  virtue  of  his  office,  a  member  of  the 
Grand  Lodge,  and  entitled  to  a  seat  and  a  vote. 
The  only  qualifications  generally  required  appear  to 

more  important  officer  than  he  is  in  Europe.    Thus,  by  the  modern  Constitn 
tions  of  England  the  Grand  Registrar  superintends  the  records,  and  is  the 
custodian  of  the  seal. 
*  PRESTON,  p.  237,  OLIVER'S  edit. 


ISO  GRAND    LECTURER. 

be  that  he  should  be  a  Master  Mason,  in  good  stand- 
ing in  his  Lodge,  and  a  recognized  clergyman  of 
some  religious  denomination. 


SECTION  YIL 

THE  GRAND  LECTURER. 

The  office  of  Grand  Lecturer  is  one  of  great  im- 
portance ;  perhaps  there  is  none  so  important  in  the 
whole  series  of  offices  which  constitute  the  control- 
ling element  of  a  Grand  Lodge.  He  is  the  recog- 
nized teacher  of  the  Masonic  system,  and  it  is 
by  his  faithful  instructions  alone  that  unity  can 
be  maintained  in  the  methods  of  communicating 
our  ritual. 

"  This  unity,"  says  a  distinguished  Mason,  Bro. 
Sandford,  of  Iowa,  "  makes  the  world  a  Mason's 
home,  and  raising  him  high  above  geographical  di- 
visions and  the  obstacles  of  language  and  religion, 
secures  him  protection  and  repose  wherever  fate  or 
fortune  may  direct  his  steps.  Without  it,  our  grand 
fabric  of  universal  benevolence,  which  has  withstood 
the  storms  of  numerous  centuries,  would  be  shat- 
tered to  atoms  in  a  single  age." 

I  presume  that  it  will  be  admitted  by  every  intel- 
ligent Mason,  that  Bro.  Sandford  has  not  placed  too 
high  an  estimate  on  the  importance  of  a  uniformity 
of  work.  If  Masonry  contain  within  itself  anything 
worthy  of  the  study  of  intellectual  men — if  our 
theories  of  its  antiquity  be  not  fallacious — if  our 
legends  and  ceremonies  and  symbols  are  not,  as  one 


GRAND  LECTURER,  481 

class  of  our  opponents  have  declared  them  to  be,  the 
puerile  amusements  of  a  past  age  of  dreamers — then 
surely  it  is  the  bounden  duty  of  the  supreme  head 
of  the  Order,  in  every  jurisdiction,  to  preserve  those 
legends  arid  ceremonies  and  symbols  as  pure  and 
unsullied  by  error  and  innovation  as  they  were  when 
received.  It  is  a  part  of  the  covenant  into  which 
we  have  all  entered,  and  to  which  we  are  all  bound 
by  the  most  solemn  obligations,  to  preserve  the 
ancient  Landmarks  which  have  been  intrusted  to 
our  care,  and  never  to  suffer  them  to  be  infringed, 
or  to  countenance  a  deviation  from  the  established 
usages  and  customs  of  the  fraternity. 

This,  it  appears  to  me,  is  the  most  prominent  and 
especial  duty  of  a  Grand  Lodge,  It  is  the  conser- 
vator of  the  Order  in  its  own  jurisdiction,  and  is 
expected  by  all  the  sanctions  of  justice  and  reason 
to  hand  down  to  its  successors  the  rites  and  cere- 
monies of  the  institution,  as  it  received  them  from 
its  predecessors.  Unless  it  does  this,  it  is  recreant 
to  its  trust.  It  may  dispense  charity — it  may  endow 
ci/lleges — it  may  decide  disputes — it  may  invent 
financial  systems,  or  legislate  for  general  purposes — 
but  unless  it  shall  take  constant  and  careful  precau- 
tions for  preserving  the  ancient  Landmarks,  and 
disseminating  among  the  craft  a  uniformity  of  work 
and  lectures,  according  to  the  true  system,  it  will  bo 
neglecting  the  principal  design  of  its  organization, 
and  will  become  a  "cruel"  instead  of  a  "gentle 
mother7'  to  its  children.  Under  an  administration 
which  shall  totally  abandon  all  supervision  of  the 

21 


482  GRAND   LECTURER. 

ritual,  and  devise  no  means  of  teaching  it,  tlie  very 
identity  of  Masonry  would  soon  altogether  be  ex- 
tinguished, and  Lodges  would  speedily  degenerate 
into  social  clubs. 

Now,  the  only  method  by  which  this  ritual  can 
be  efficiently  supervised  and  taught,  so  that  a  uni- 
formity of  work  may  be  preserved,  and  every  Mason 
in  the  jurisdiction  be  made  acquainted  with  the  true 
nature  of  the  science  of  Masonry,  is  by  the  ap- 
pointment of  a  competent  and  permanent  Grand 
Lecturer. 

The  appointment  of  this  officer  should  be  a  per- 
manent one.  In  this  advanced  age  of  Masonic  im- 
provement, any  attempt  to  appoint  a  Grand  Lecturer 
by  the  year,  as  we  hire  domestics,  or  employ  labor- 
ers, is  an  insult  to  the  intelligence  of  the  Order. 
When  an  able  teacher  is  found,  he  should  hold  his 
office,  not  for  a  year,  or  during  the  pleasure  of  the 
Grand  Master  or  the  Grand  Lodge,  but  like  the 
judicial  tenure  of  our  Supreme  Court,  or  the  Eng- 
lish Judges — dum  se  bene  gesscrit — during  good  be- 
havior. Let  him  continue  for  life,  if  lie  is  "  worthy 
and  well  qualified  ;"  for,  the  longer  a  good  teacher 
labors  in  his  vocation,  the  better  will  he  discharge 
its  duties.  But  any  attempt  to  intrust  the  duty  of 
instructing  Lodges  to  a  temporary  Lecturer,  changed, 
like  the  Wardens  or  the  Deacons,  every  year,  must 
inevitably  result  in  the  utter  destruction  of  all  that 
remains  to  us  of  the  ancient  symmetry  of  our  beauti- 
ful temple. 

Equally  injurious^is  it  to  divide  a  jurisdiction 


GRAND   LECTURER.  483 

V  twccn  several  Lecturers,  each  independent  of  the 
others,  each  teaching  a  different  system,  and  all 
perhaps  ignorant  of  the  true  one.  To  suppose  that 
by  the  simple  appointment  of  the  presiding  officer, 
some  half  a  dozen  District  Deputies  or  Inspectors 
can  be  qualified  to  instruct  the  Lodges  placed  under 
their  control  in  the  arcana  of  Masonry,  would  be 
farcical,  were  it  not  so  pregnant  with  danger  to  the 
safety  and  preservation  of  our  Landmarks.  The 
attempt  has  been  made  in  one  or  two  jurisdictions, 
and  most  signally  failed.  Its  necessary  consequence 
is  a  destruction  of  all  uniformity,  and  a  degradation 
of  Masonic  science  to  a  mere  system  of  quackery. 

But  not  only  should  the  authority  of  the  Grand 
Lecturer  as  a  Masonic  teacher  be  sovereign  and  un- 
divided in  his  jurisdiction,  and  the  tenure  of  his 
office  permanent,  so  that  the  craft  may  not  be  an- 
nually subjected  to  changes  in  the  form  and  sub- 
stance of  the  instruction  that  they  receive,  but, 
above  all,  he  should  be  fully  competent,  by  previous 
study,  to  discharge  the  duties  of  his  high  calling. 

No  man  can  be  qualified  as  a  Grand  Lecturer  un- 
less he  has  devoted  his  time,  his  talent,  and  his 
labor  to  the  arduous,  though  pleasant,  task  of  Ma- 
sonic study.  The  old  Romans  had  a  proverb  that  a 
Mercury  could  not  be  made  out  of  any  kind  of  wood, 
and  neither  can  a  Grand  Lecturer  be  manufactured 
out  of  any  kind  of  Mason.  A  Masonic  teacher  re- 
quires qualifications  of  the  highest  character.  A 
profound  knowledge  of  the  ritual  is,  of  course,  essen- 
tial ;  and  this  alone  is  to  be  acquired  only  after  the 


4:84  GllAND    LECTURER 

most  laborious  study,  aided  by  the  adventitious  as 
sistance  of  an  excellent  and  retentive  memory.  But 
to  this  must  be  added,  if  we  would  give  dignity  to 
the  office,  or  confer  a  benefit  on  the  pupils  whom  he 
is  to  teach,  an  education  tibove  the  common  stand- 
ard, a  cultivated  intellect,  an  acquaintance  with  that 
ancient  language  from  whose  records  our  system  is 
derived,  a  familiarity  with  history  and  antiquities, 
and  an  extent  of  reading  and  power  of  mind  which 
will  enable  him  to  trace  the  symbolism  of  our  Order 
through  all  its  progress,  from  the  ancient  priest- 
hood of  Egypt,  the  mysteries  of  Greece  and  Asia. 
and  the  kabbaia  of  Palestine. 

It  may  be  said  that  the  standard  is  here  placed 
too  high,  and  that  few  will  be  found  to  reach  it. 
Better,  then,  would  it  be  to  do  without  a  Lecturer 
than  to  have  an  incompetent  one  ;  and  I  know  of 
no  less  amount  of  learning  that  would  make  a  Ma- 
sonic teacher,  such  as  a  Masonic  teacher  should  be. 
But  moreover,  by  placing  the  standard  of  qualifica- 
tions high,  intellectual  men  would  be  found  to  work 
up  to  it ;  while,  by  placing  it  lower,  ignorant  men 
would  readily  avail  themselves  of  the  privileges 
that  so  low  a  standard  would  present.  The  "  con- 
summation devoutly  to  be  wished'7  in  Masonry  is, 
that  none  but  learned  men  should  become  Masonic 
teachers. 

The  old  Constitutions  do  not  recognize  the  office 
of  Grand  Lecturer  under  that  name ;  but  it  has  al- 
ways existed,  and  its  duties  were  performed  in  the 
eighteenth  century  by  some  of  the  most  learned  men 


GRAND  DEACONS.  485 

of  the  order.  Anderson,  Desaguliers,  Martin  Clare, 
Hutchinson  and  Preston,  were  all,  in  the  strict  sense 
of  the  word,  Grand  Lecturers,  and  discharged  the 
duties  of  the  office  with  great  benefit  to  the  craft. 


SECTION  VIII. 

THE  GRAND  DEACONS. 

The  office  of  Grand  Deacon  is  of  more  modern 
origin  than  that  of  any  other  officer  in  the  Grand 
Lodge.  I  can  find  no  reference  to  it  in  any  of  the 
old  Regulations,  in  Anderson,  or  any  subsequent 
edition  of  the  Book  of  Constitutions,  in  Preston's 
Illustrations,  or  in  Lawrie's  History.  By  the  Regu- 
lations of  1721,  the  duties  of  the  Grand  Deacons 
seem  to  have  been  divided  between  the  Grand 
Wardens  and  the  Stewards  ;  nor  is  a  place  appropri- 
ated in  any  of  the  processions  described  in  the  vari- 
ous works  already  cited.  They  are  first  found  in  a 
procession  which  took  place  in  1831,  recorded  by 
Oliver,  in  his  Continuation  of  Preston's  History. 
But  they  have  since  been  placed  among  the  officers 
of  the  Grand  Lodge  in  the  Constitutions  of  England, 
Scotland  and  Ireland. 

In  America,  the  office  has  an  older  date  ;  for 
Grand  Deacons  are  recorded  as  being  present  in  a 
procession  of  the  Grand  Lodge  of  Pennsylvania,  in 
1783,  the  account  of  which  is  to  be  found  in  Smith's 
"  Ahiman  Rezon."  They  are  also  mentioned  among 
the  officers  of  the  Grand  Lodge  in  the  Constitution 


486  GRAND   MARSHAL. 

adopted  in  1797  by  the  Grand  Lodge  of  North 
Carolina.  I  know  not  whence  the  anomaly  arose 
of  these  officers  existing  in  Grand  Lodges  of  America 
in  the  eighteenth  century,  while  they  are  not  to  be 
found  in  those  of  Great  Britain  until  late  in  the 
nineteenth.  They  could  scarcely  have  been  derived 
from  the  Athol  Grand  Lodge,  since  the  York  Masons 
of  South  Carolina  had  no  such  officers  in  1807,  when 
Dalcho  published  the  first  edition  of  his  "  Ahiman 
Rezon."*  Be  this  as  it  may,  the  office  is  now  recog- 
nized in  all  the  Grand  Lodges  of  this  country  .t 

The  Grand  Deacons  are  generally  two  in  number, 
a  Senior,  who  is  usually  appointed  by  the  Grand 
Master,  and  a  Junior,  who  receives  his  appointment 
from  the  Senior  Grand  Warden.  It  is  their  pro- 
vince to  attend  upon  the  Grand  Master  and  Ward- 
ens, and  to  act  as  their  proxies  in  the  active  duties 
of  the  Grand  Lodge.  Their  duties  differ  but  little 
from  those  of  the  corresponding  officers  in  a  subor- 
dinate Lodge. 


SECTION  IX. 

THE  GRAND  MARSHAL. 

The  first  allusion  that  I  find  to  this  office  is  in 
the  second  edition  of  the  Book  of  Constitutions, 
where,  under  the  date  of  1730,  a  procession  is  de- 
scribed, which  was  closed  by  "  Marshal  Pyne,  with 

*  See  DALCHO'S  Ahiman  Rezon,  first  edition,  Charleston,  1807. 
f  It  must  be  remarked  that  the  office  of  De-icon  in  a  subordinate  Lodge 
is  of  a  mi.cn  older  date  than  corresponding  officers  in  a  Grand  Lodge. 


GRAND   PURSUIVANT.  487 

his  truncheon  blew,  tipt  with  gold.'7  But  as  through- 
out the  remainder  of  the  book,  and  all  tho  subse- 
quent editions,  the  allusion  is  not  repeated,  I  am 
led  to  suppose  that  this  was  simply  a  temporary  ap- 
pointment of  an  officer  to  keep  order,  without  any 
reference  to  Masonic  rank.  There  is  no  such  offi- 
cer in  the  present  Grand  Lodge  of  England,  and 
the  office  is  unknown  in  several  of  the  American 
jurisdictions. 

The  duty  of  the  Grand  Marshal  in  those  Grand 
Lodges  which  recognize  the  office,  is  simply  to  ar- 
range the  processions  of  the  Grand  Lodge,  and  to 
preserve  order,  according  to  the  forms  prescribed.* 


SECTION  X. 

THE  GRAND  PURSUIVANT, 

In  the  science  of  heraldry,  a  Pursuivant  is  the 
lowest  order  of  officers  at  arms,  and  is,  as  the  title 
implies/I*  an  attendant  on  the  heralds.  The  office  is 
unknown  to  the  English  Constitutions  of  Masonry, 
either  ancient  or  modern,  and  appears  to  be  peculiar 
to  this  country,  where  it  is  to  be  found  in  a  large 
number  of  Grand  Lodges,  whose  Regulations  are, 
however,  generally  silent  as  to  the  nature  of  the 
functions  to  be  discharged. 

*  In  those  Grand  Lodges  which  have  no  Grand  Marshal,  the  duties  of  the 
office  should  be  performed  by  the  Grand  Pursuivant. 

f  From  the  French  pourzuivant.  literally  one  who  follows,  or  an 
attendant 


488  GRAND   SWORD   BEARER. 

The  "  Alii  man  Rezon"  of  South  Carolina  says  that 
his  station  is  near  the  door,  whence  he  receives  all 
reports  from  the  .Grand  Tiler,  and  announces  the 
name  and  Masonic  rank  of  all  who  desire  admission, 
seeing  that  none  enter  without  their  appropriate 
decorations.*  He  combines  therefore,  in  part,  the 
duties  of  the  Junior  Deacon  with  those  of  a  gentle- 
man usher. 

I  have  already  said  that  the  office  is  modern,  as' 
no  allusion  to  it  is  to  be  found  in  any  of  the  old 
Regulations.  The  appointment  is  generally  vested 
in  the  Grand  Master. 


SECTION  XL 

THE  GRAND  SWORD  BEARER 

In  1731,  the  Duke  of  Norfolk,  being  then 
Master,  presented  to  the  Grand  Lodge  of  England 
"  the  old  trusty  sword  of  Gustavus  Adolphus,  King 
of  Sweden,  that  was  worn  next  by  his  successor  in 
war,  the  brave  Bernard,  Duke  of  Saxe-Weimar,  with 
both  their  names  on  the  blade,  which  the  Grand 
Master  had  ordered  Brother  George  Moody  (the 
King's  sword  cutler)  to  adorn  richly  with  the  arms 
of  Norfolk  in  silver  on  the  scabbard,  in  order  to  be 
the  Grand  Master's  sword  of  state  in  future."*  At 

*  Ahim.  Rez.  So.  Ca.,  p.  129,  third  edit.  1852. 

f  ANDERSON,  second  edit.  p.  127.  Previous  to  this  donation  the  Grand 
Lodge  bad  no  sword  of  state,  but  used  one  belonging  to  a  private  Lodge.  It 
was  borne  before  the  Grand  Master  by  the  Master  of  the  Lodge  to  which  it 
belonged,  as  appears  from  the  ace*>unt  of  the  procession  in  17?0,  as  given  h? 
,  p.  12ft,  second  edit. 


GRAND  STEWARDS.  489 

the  following  feast,  Bro.  Moody  was  appointed 
Sword  Bearer,  and  the  office  has  ever  since  existed, 
and  is  to  be  found  in  almost  all  the  Grand  Lodges 
of  this  country. 

The  Grand  Sword  Bearer  should  be  appointed  by 
the  Grand  Master,  and  it  is  his  duty  to  carry  the 
sword  of  state  immediately  in  front  of  that  officer 
in  all  processions  of  the  Grand  Lodge.* 


SECTION  XH. 

THE  GRAND  STEWARDS. 

The  history  of  the  origin  of  the  office  of  Grand 
Steward  is  very  fully  developed  in  the  various  edi- 
tions of  the  Book  of  Constitutions,  and  especially  in 
the  fourth,  or  that  published  in  the  year  1769. 
Formerly  it  was  the  custom  of  the  Grand  Wardens 
to  make  the  necessary  arrangements  for  regulating 
and  conducting  the  Annual  Grand  Feast.  But  to 
relieve  these  officers  from  this  extraordinary  trouble, 
it  was  ordered  in  1721  that  they  should  "  take  some 
Stewards  to  their  assistance."  No  Stewards  were 
appointed,  however,  until  17 28,  when  the  office  was 
conferred  on  six  brethren,  who  performed  the  duty 
of  managing  the  Feast  with  such  satisfaction  to  the 
Grand  Lodge  as  to  receive  the  thanks  of  the  Grand 
Master.  Six  others  were  appointed  in  the  follow- 
ing year,  after  which  we  find  that  no  more  were 

*  In  those  Grand  Lodges  which  have  a  Grand  Pursuivant,  tot  no  Sword 
Bearer,  the  sword  shoald  be  borne  by  the  former  officer. 

21* 


490  GRAND   STEWARDS. 

nominated  until  1728.  The  appointments  appear  to 
have  been  at  first  made  especially  for  the  Annual 
Feast,  and  at  the  meeting  of  the  Grand  Lodge  pre- 
vious to  it,  so  that  as  yet  they  could  scarcely  be 
considered  as  having  taken  the  rank  of  permanent 
Grand  Officers.  But  in  1728,  it  was  resolved  that 
the  office  should  be  revived,  (which  perhaps  rather 
meant  that  it  should  be  placed  upon  a  permanent 
footing,)  and  that  the  number  should  be  increased  to 
twelve.  In  1731,  the  Grand  Stewards,  who  had 
been  previously  appointed  by  the  Grand  Master, 
were  permitted  to  nominate  their  successors,  and 
finally,  in  1735,  the  Past  Grand  Stewards  were,  on 
petition,  constituted  into  a  Master's  Lodge,  to  be 
called  the  "Stewards'  Lodge," and  to  be  placed  as 
such  on  the  registry  of  the  Grand  Lodge.  This 
Lodge  was  also  permitted  to  send  a  deputation  to 
the  Grand  Lodge,  consisting  of  its  Master,  Ward- 
ens, and  nine  members,  each  of  whom  was  entitled 
to  a  vote.  But  the  Stewards  of  the  current  year 
were  not  allowed  to  vote,  or  even  to  speak  in  the 
Grand  Lodge,  unless  desired.  The  modern  Consti- 
tutions of  the  Grand  Lodge  of  England  have  in- 
creased the  number  of  Stewards  to  eighteen,  and 
continued  the  Grand  Stewards'  Lodge,  which  is, 
however,  now  represented  only  by  its  Master, 
Wardens  and  Past  Masters.  It  has  no  power  of 
making,  passing  or  raising  Masons,  and  is  not  en- 
titled to  a  number,  although  it  takes  precedency  of 
all  the  other  Lodges. 

A.11  of  this  has  been  greatly  simplified  in  this 


GRAND   TILER,.  491 

country  ;  and  the  Grand  Stewards,  who  seldom  ex- 
ceed two  in  number,  are  generally  appointed  by  the 
Junior  Grand  Warden.  They  are  possessed  of  no 
peculiar  privileges.  Formerly  there  was  in  New 
York,  and  still  is  in  Maryland,  a  Grand  Stewards' 
Lodge,  which  acts  as  a  committee  on  the  Masonic 
Hall,  on  the  by-laws  of  Lodges,  and  on  certain  other 
matters  referred  to  it.  It  consists  of  the  Grand 
Officers  and  Past  Masters  from  the  Lodges  in  Balti- 
more, and  meets  during  the  recess  of  the  Grand 
Lodge.  I  know  of  no  other  state  in  which  such  an 
organization  exists. 

The  duty  of  the  Grand  Stewards  is  to  attend 
upon  the  tables  during  the  hours  of  refreshment, 
and  to  assist  the  Junior  Grand  Warden  in  managing 
the  Grand  Feast,  in  iurisdictions  where  this  ancient 
usage  is  observed. 

SECTION  XIII. 

THE    GRAND    TILER. 

This  is  an  office  which  derives  its  existence  from 
the  Landmarks  of  the  Order,  and  must  therefore 
have  existed  from  the  earliest  times,  as  it  is  impos- 
sible that  any  Grand  Lodge  or  Assembly  of  Masons 
could  ever  have  met  for  purposes  of  Masonic  busi- 
ness unless  the  room  in  which  they  were  assembled 
had  been  duly  tiled. 

The  duties  of  the  office  are  so  evident  to  every 
Mason  as  to  need  no  explanation. 

The  Grand  Tiler  cannot,  during  his  term  of  office. 


4:92  COMMITTEE   OF 

be  a  member  of  the  Grand  Lodge,  for  liis  official  po- 
sition places  it  out  of  his  power  to  assist  in  its 
deliberations. 

He  is  generally  appointed  by  the  Grand  Master 
and  no  other  qualification  is  required  for  the  offic 
than  that  of  being  a  worthy  Master  Mason. 

SECTION  XIV. 

THE  COMMITTEE  OF  FOREIGN  CORRESPONDENCE 

Committees  of  Foreign  Correspondence  are  bodies 
,  known  only  to  American  Masonry  ;  and  until  within 
a  few  years,  so  far  as  the  efficient  discharge  of  any 
duty  was  concerned,  they  appear  to  hare  been  of 
but  little  value.  But  at  the  present  time  they  oc- 
cupy so  important  a  position  in  the  working  of 
every  Grand  Lodge,  that  they  are  fully  entitled  to 
a  place  as  an  essential  part  of  the  Masonic  system 

The  duties  of  a  Committee  of  Foreign  Corres 
pondence  are  at  this  day  the  most  important  that 
are  confided  to  any  committee  of  a  Grand  Lodge ; 
and  what  they  precisely  are,  and  how  they  should 
be  performed,  are  matters  worthy  of  a  calm  and 
deliberate  consideration. 

The  Committee  of  the  Grand  Lodge  of  Oregon 
has  lately  objected  to  the  usual  free  and  independ- 
ent course  pursued  by  these  bodies,  because  they 
believe,  to  use  their  own  language,  that  "  to  review, 
overrule  and  reverse  the  decisions  of  Grand  Mas- 
ters, in  cases  regularly  before  them,  and  to  intimate 
doubts  of  the  wisdom,  propriety  and  regularity  of 


FOREIGN   CORRESPONDENCE.  493 

the  decisions  of  Grand  Lodges,  upon  questions  care- 
fully considered  and  solemnly  adjudged,  we  cannot 
persuade  ourselves  is  the  course  best  calculated  to 
promote  harmony,  facilitate  the  interchange  of  kind 
offices,  and  cement  the  bond  of  union  and  fraternal 
ntercourse  which  should  everywhere  exist  among 
Grand  Lodges.7'1* 

I  cannot  concur  in  this  view  of  the  result  of  the 
labors  of  such  a  committee,  nor  deny  to  it  the 
liberty  to  discharge,  in  the  most  unlimited  manner, 
while  courtesy  is  preserved,  the  duty  of  reviewers, 
and,  if  need  be,  of  censurers. 

The  Committees  on  Correspondence  are  the  links 
which  bind  the  Grand  Lodges  into  one  united  whole 
in  the  pursuit  of  knowledge  ;  they  are  the  guardians 
appointed  by  their  respective  bodies  to  inform  their 
constituents  what  has  been  the  progress  of  the  in- 
stitution for  the  past  year — to  warn  them  of  the 
errors  in  discipline  or  in  Masonic  science  which 
they  may  suppose  to  have  been  committed — and  to 
suggest  the  best  method  by  which  these  errors  may 
be  avoided  or  amended.  The  proceedings  of  Grand 
Lodges  are  never  printed  for  purposes  of  sale,  or 
of  general  distribution  ;  the  number  of  copies  pub- 
lished is  always  small ;  and  it  is  physically  impos- 
sible that  a  knowledge  of  their  contents  can  ever 
reach  the  mass  of  the  fraternity,  except  through  the 
condensed  reports  of  foreign  correspondence.  These 
committees,  therefore,  perform  but  the  duty  to  which 
they  were  appointed,  when  they  report  the  doings 

*  Proc.  Grand  Lods^e  of  Oregon,  1855.    Rep.  of  Com.  of  For.  Corresp. 


494  COMMITTEE   OP 

and  sayings  of  other  jurisdictions  ;  nor  can  they  be 
denied  the  common  right  of  expressing  their  opin- 
ions on  the  nature  and  tendency  of  the  facts  as  they 
relate  them.  Grand  Masters  are  not  infallible,  and 
Grand  Lodges  are  not  always  correct  in  their  de- 
cisions. If,  therefore,  a  Committee  on  Correspond- 
ence should  simply  detail  the  various  acts  and 
opinions  of  all  the  Grand  Bodies  with  which  their 
own  is  in  correspondence,  nor  make  one  depreca- 
tory remark,  calling  attention  to  what  they  might 
suppose  violations  of  laws  or  Landmarks,  the  hete- 
rogeneous and  discordant  doctrines  which  every 
year  are  presented  to  the  Masonic  world,  would  be 
placed  before  the  fraternity  without  commentary, 
leaving  the  most  ignorant  to  form  their  own,  often 
erroneous,  conclusions,  and  sometimes  to  confound 
the  mere  extract  from  a  foreign  opinion  by  the 
committee  with  an  endorsement  by  that  committee 
of  its  correctness.  It  is  then  a  part  of  the  duty  of  a 
Committee  on  Correspondence  to  review  the  pro- 
ceedings of  other  jurisdictions,  to  point  out  what 
they  suppose  to  be  errors,  and  to  warn  their  own 
constituency  against  adopting  them.  The  Commit- 
tees are,  no  doubt,  like  the  bodies  they  are  review- 
ing, sometimes  wrong  ;  but  if  the  discussion  of 
Masonic  points  of  law  are  conducted  temperately, 
calmly,  judiciously,  and  above  all  fraternally,  much 
good  must  arise  from  this  contest  of  mind.  As  the 
collision  of  the  flint  and  steel  will  generate  fire,  so 
truth  must  be  elicited  from  the  collision  of  varying 
intellects,  I  cannot  hesitate  to  believe  that  for 


FOREIGN  CORRESPONDENCE.  495 

much  of  the  elevated  standard  that  the  Masonry 
of  this  day  and  country  has  assumed,  and  for  the 
general  diffusion  of  knowledge  on  the  subject  of 
Masonic  jurisprudence,  the  craft  are  indebted  to  the 
well-conducted  discussions  of  our  various  Commit- 
tees on  Foreign  Correspondence.* 

Conflicting  views  have  also  been  expressed  on  the 
subject  of  the  value  which  is  to  be  attached  to  these 
reports  of  Committees  of  Foreign  Correspondence, 
and  on  the  question  whether  they  require  to  be 
adopted  by  a  formal  vote  of  the  Grand  Lodge  to 
whom  they  are  presented,  or  whether  they  are,  with- 
out such  vote,  to  be  placed  before  the  craft  as  mat- 
ters of  Masonic  literature,  with  just  so  much  value 
as  their  own  merits,  and  the  experience,  judgment 
and  talent  of  their  authors  bestow  upon  them. 

These  reports  are  generally  intrusted  to  the 
ablest  writer  and  thinker  in  each  Grand  Lodge ; 
and  when  this  is  the  case,  I  cannot  see  what  addi- 
tional value  the  opinions  of  such  a  man  can  receive 

*  Bro.  SANDFORD  himself,  an  admirable  illustration  of  the  eflk  iency  and 
usefulness  of  these  committees,  indorses  the  views  I  have  expressed  in  the 
text.  "  An  examination,"  says  that  able  Mason,"  of  the  reports  which  have 
emanated  from  the  Committees  on  Foreign  Correspondence  of  the  various 
Grand  Lodges  during  the  past  year,  has  disclosed  an  amount  of  labor,  a  de- 
gree of  interest  and  enthusiasm,  an  extent  and  depth  of  research  upon  mat- 
ters immediately  pertaining  to  the  principles  and  science  of  Masonry,  which 
is  well  calculated  to  excite  surprise  and  admiration.  And  when  to  this  is 
added  the  literary  excellence  of  these  various  productions,  embracing  in 
their  range  of  discussion  numerous  illustrations  from  the  historical  and  clas« 
sical  literature  of  the  world,  one  is  struck  with  the'force  of  kindred  associa- 
tion, which  appears  to  heighten  the  power  and  beauty  of  expression,  in  pro 
portion  to  the  dignity  and  expansiveness  of  the  ideas  which  call  it  forth."— 
Proceed.  G.  L.  of  Iowa,  1855. 


196         COMMITTEE   OF   FOREIGN    CORRESPONDENCE. 

from  their  adoption  by  a  formal  vote.  Such  adop 
tion  would  indeed  give  to  his  views  the  force  of 
law  in  that  particular  jurisdiction,  but  they  would 
not  make  them  sounder  or  more  truthful,  nor  on  the 
other  hand  would  their  rejection  affect  or  impair,  in 
the  slightest  degree,  their  influence,  as  matters  of 
opinion,  on  the  minds  of  the  fraternity. 

The  truth  is,  that  these  reports  derive  all  their 
value  from  the  character  and  abilities  of  their 
authors.  They  need  no  adoption  by  a  Grand  Lodge, 
but  should  be  simply  received  as  information,  unless 
they  are  accompanied  by  resolutions  upon  which 
specific  legislative  action  is  required.* 

*  These  views  are  in  accordance  with  those  expiesscd  in  1866  by  the 
Committee  of  the  Grand  I/xI^e  of  California. 


BOOK  VI. 


MA.SONIC 

iifiFS  anb  "jpunisljinenfs. 


HAVING,  in  the  preceding  Books,  considered  the  Masonic 
organization  in  all  its  different  aspects,  as  presented  in  the 
Candidate,  the  Mason,  the  Lodge  and  the  Grand  Lodge,  it 
only  remai)  *  that  I  should  proceed  to  investigate  the  nature 
of  the  offences  that  may  be  committed  against  the  institution, 
the  punishments  which  should  be  inflicted  for  the  correction 
of  these  offences,  and  the  manner  in  which  these  punishments 
are  to  be  adjudged  and  executed. 


CHAPTER    I. 
|»  a  s  o  n  i  c  <£rtmcs* 

IT  is  peculiar  to  the  subject  which  is  now  about 
to  be  treated,  that  the  division  of  wrongs  made  by 
the  writers  on  municipal  law,  into  private  wrongs, 
or  civil  injuries,  and  public  wrongs,  or  crimes  and 
misdemeanors,  is  not  admissible  in,  or  applicable  to, 
the  system  of  Masonic  jurisprudence.  In  Masonry, 
every  offence  is  a  crime,  because,  in  every  violation 
of  a  Masonic  law,  there  is  not  only  sometimes  an 
infringement  of  the  rights  of  an  individual,  but 
always,  superinduced  upon  this,  "  a  breach  and  vio- 
lation of  public  rights  and  duties,  which  affect  the 
whole  community  [of  the  Order],  considered  as  a 
community/7  and  this  is  the  very  definition  of  a 
crime,  as  given  by  Sir  William  Blackstone.* 

When  a  Mason  transgresses  one  of  the  laws  of 
his  country,  he  commits  a  wrong  which,  according 
to  its  enormity  and  the  effect  which  it  has  on  private 
or  public  rights,  will,  in  the  language  of  the  muni' 
cipal  law,  be  denominated  an  injury,  a  misdemeanor, 
or  a  crime,  and  he  will,  in  a  well  ordered  state,  re 

*  BLACKSTONE,  B.  III.  chap.  i. 


500  MASONIC    CRIMES. 

ceive  tlie  punishment  which  is  due  to  the  character 
of  the  offence  that  he  has  committed.  If  the  injury 
be  simply  one  committed  against  an  individual,  the 
court  will  look  only  to  the  amount  of  injury  done 
to  the  individual,  and  will  require  no  compensation 
for  wrong  done  to  the  state. 

But  although  the  tribunals  of  the  country  may 
have  inflicted  adequate  punishment,  so  far  as  the 
offended  law  of  the  state  is  concerned,  a  Mason  is 
still  liable  to  further  punishment  from  the  Order, 
of  which  he  is  a  member.  And  this  punishment  will 
be  determined,  not  simply  by  the  amount  of  injury 
done  to  the  individual,  but  also  on  the  principle 
that  some  wrong  has  likewise  been  done  to  the 
Order ;  for  it  is  a  settled  axiom  of  Masonic  law, 
that  every  offence  which  a  Mason  commits  is  an  in- 
jury to  the  whole  fraternity,  if  in  nothing  else,  at 
least  in  this,  that  the  bad  conduct  of  a  single  mem- 
ber reflects  discredit  on  the  whole  institution.  And 
this  idea  appears  to  have  been  eany  entertained, 
for  we  find  one  of  the  articles  of  the  old  Gothic 
Constitutions  declaring  that  a  Mason  shall  harbor 
no  thief  or  thief's  retainer,  lest  the  croft  should  come 
to  shame.  And  again,  in  the  same  document,  the 
Master  is  directed  to  guard  his  Apprentice  against 
the  commission  of  perjury,  and  all  other  offences, 
by  which  the  craft  may  be  brought  to  shame.  The 
shame,  therefore,  that  is  brought  upon  the  institu- 
tion by  the  misdeeds  of  its  members,  is  an  impor- 
tant element  to  be  considered  in  the  consideration 
of  every  Masonic  offence.  And  hence  too,  in  viev 


MASONIC    CRIMES.  501 

of  the  public  injury  that  every  Mason  inflicts  upon 
the  Masonic  community,  when  he  transgresses  the 
municipal  law,  we  arrive  at  the  principle  that  all 
penal  offences  are  crimes  in  Masonry  :  That  is  to 
say,  that  all  private  wrongs,  to  an  individual  are 
public  wrongs  to  the  Order. 

There  is,  however,  a  division  of  Masonic  offences 
which  is  well  worthy  of  notice ;  for,  as  the  civil 
law  made  a  distinction  between  the  juris  prcscepta, 
or  precepts  of  the  law,  which  were  without  any 
temporal  punishment,  and  the  juris  regulce,  or  rules 
of  law,  which  were  accompanied  with  a  penalty,  so 
the  laws  of  Masonry  may  be  divided  into  directive 
precepts  and  penal  regulations,  the  former  being  ac- 
companied with  no  specified  punishment,  and  the 
latter  always  containing  a  penal  sanction.  Of  the 
latter,  no  example  need  be  at  present  adduced ;  but 
of  the  former,  we  will  find  a  well  known  instance 
in  the  old  Charges  approved  in  1722,  where  it  is  said 
that  every  Mason  ought  to  belong  to  a  Lodge,  while 
no  penalty  is  affixed  for  a  violation  of  the  precept. 

The  directive  precepts  of  the  Order  are  to  be 
found  partly  in  the  old  Constitutions  and  partly  in 
the  ritual,  where  they  are  constantly  occurring  as 
indications  of  what  should  be  done  or  omitted  to 
form  the  character  of  a  true  and  trusty  Mason.  As 
they  constitute  rather  the  ethics  than  the  law  of 
Masonry,  they  can  be  considered  in  the  present 
work  only  incidentally  and  so  far  as,  in  particular 
cases,  they  are  connected  with,  or  as  they  illustrate 
a  penal  regulation. 


502  MASONIC   CRIMES. 

The  first  class  of  crimes  which  are  laid  down  in 
the  Constitutions,  as  rendering  their  perpetrators 
liable  to  Masonic  jurisdiction,  are  offences  against 
the  moral  law.  "  Every  Mason,"  say  the  old  Charges 
of  1722,  "  is  obliged  by  his  tenure  to  obey  the  morai 
law."  Now,  this  moral  law  is  not  to  be  considered 
as  confined  to  the  decalogue  of  Moses,  within  which 
narrow  limits  the  ecclesiastical  writers  technically 
restrain  it,  but  rather  as  alluding  to  what  is  called 
the  lex  natures,  or  the  law  of  nature.  This  law  of 
nature  has  been  defined  by  an  able,  but  not  recent 
writer  on  this  subject,  to  be  "  the  will  of  God,  re- 
lating to  human  actions,  grounded  on  the  moral 
differences  of  things  ;  and  because  discoverable  by 
natural  light,  obligatory  upon  all  mankind."*  This 
is  the  "  moral  law,"  to  which  the  old  Charge  already 
cited  refers,  and  which  it  declares  to  be  the  law  of 
Masonry.  And  this  was  wisely  done,  for  it  is  evi- 
dent that  no  law  less  universal  could  have  been 
appropriately  selected  for  the  government  of  an  in 
stitution  whose  prominent  characteristic  is  its  uni- 
versality. The  precepts  of  Jesus  could  not  have 
been  made  obligatory  on  a  Jew  ;  a  Christian  would 
have  denied  the  sanctions  of  the  Koran  ;  a  Moham- 
medan must  have  rejected  the  law  of  Moses  ;  and  a 
disciple  of  Zoroaster  would  have  turned  from  all  to 
the  teachings  of  his  Zeud  Avesta.  The  universal 

*  GROVE,  System  of  Moral  Philosophy,  vol.  ii.  p.  122.  London,  1749. 
Dr.  CONYBEAUF  says,  that  "  the  law  or  religion  of  nature  is  so  called, 
either  because  it  is  founded  in  the  reason  or  nature  of  things  ;  or  else  be- 
cause it  is  discovered  to  us  in  the  use  and  exeicise  of  those  faculties  whicl 
we  enjoy.''— Defence  of  Revealed  Religion,  p  11. 


MASONIC    CRIMES.  50?* 

law  of  nature,  which  the  authors  of  the  old  Charges 
have  properly  called  the  moral  law,  bocause  it  is,  a3 
Conybeare  remarks,  "  a  perfect  collection  of  all 
those  moral  doctrines  and  precepts  which  have  a 
foundation  in  the  nature  and  reason  of  things,"  is 
therefore  the  only  law  suited,  in  e^ery  respect,  to 
be  adopted  as  the  Masonic  code. 

Writers  on  this  subject  have  given  to  this  great 
moral  law  of  nature  three  characters,  which  make  it 
still  more  appropriate  as  a  system  for  the  govern- 
ment of  a  universal,  ancient  and  unchangeable  insti- 
tution ;  for  it  is  said  in  the  first  place  to  be  eternal, 
having  always  existed — an  "  sternum  quiddam,"  as 
Cicero  calls  it — an  eternal  something,  coeval  with 
God.  Next,  it  is  universal ;  all  mankind,  of  every 
country  and  religion,  being  subject  to  it,  whence 
the  Roman  historian  appropriately  calls  it  "jus 
hoininum,"  or  the  law  of  men.  And  lastly,  it  is  im- 
mutable, which  immutability  necessarily  arises  from 
the  immutability  of  God,  the  author  of  the  law. 

This  moral  law  of  nature  being  the  code  adopted 
for  the  government  of  the  Masonic  fraternity,  it  is 
proper  that  some  inquiry  should  be  made  into  the 
nature  of  the  duties  which  it  enjoins,  and  the  acts 
which  it  prohibits. 

And,  in  the  first  place,  the  very  existence  of  the 
law  implies  the  existence  of  a  Supreme  Power,  who 
must  have  enacted  it,  and  of  a  responsibility  to  him 
for  obedience  to  it.  And  hence  the  same  charge 
which  commences  by  declaring  that  a  Mason  is 
bound  to  obey  the  moral  law,  continues  the  precept 


504  MASONIC    CRIMES. 

by  asserting,  that  if  he  rightly  understands  the  art, 
he  will  never  be  a  stupid  atheist,  nor  an  irreligious 
libertine.  Atheism,  therefore,  which  is  a  rejection 
of  a  Supreme,  superintending  Creator,  and  irreli- 
gious libertinism,  which,  in  the  language  of  that  day, 
signified  a  denial  of  all  moral  responsibility,  are 
offences  against  the  moral  law,  because  they  deny 
its  validity  and  contemn  its  sanctions  ;  and  hence 
they  are  to  be  classed  as  Masonic  crimes.  This  is 
the  only  point  of  speculative  theology  with  which 
Masonry  interferes.  But  here  it  is  stern  and  un- 
compromising. A  man  must  believe  in  God,  and 
recognize  a  moral  responsibility  to  him,  or  he  can- 
not be  made  a  Mason  ;  or,  if  being  made,  he  subse- 
quently adopts  these  views,  he  cannot  remain  in  the 
Order. 

Again :  the  moral  law  inculcates  love  of  God, 
love  of  our  neighbor,  and  duty  -to  ourselves.*  Each 
of  these  embraces  other  incidental  duties  which  are 
obligatory  on  every  Mason.  Thus,  the  love  of  God 
implies  that  we  should  abstain  from  all  profanity 
and  irreverent  use  of  his  name.  The  being  whom 
we  truly  love,'we  cannot  treat  with  disrespect.  1 
know  indeed  of  no  offence  more  directly  opposed  to 
the  whole  spirit  of  the  institution  than  a  profane 

*  It  is  singular  how,  without  any  concert,  the  writers  on  natural  law 
arrive  at  precisely  the  same  results  which  are  to  be  found  in  our  old  Charges 
and  Constitutions  and  ritual  precepts.  GROVE  says,  "The  three  prime 
laws  deducible  from  hence  are  the  love  of  God,  the  love  of  our  fellow-crea- 
tures, and  the  regular  management  of  our  self-love." — Mor.  Phil.  ii.  190. 
Now,  compare  this  with  the  Charge  to  an  Entered  Apprentice :  "  There  are 
three  great  duties  which  as  Masons  you  are  charged  to  inculcate— to  God. 
yoar  neighbor,  and  yourself." — WEBB,  p.  45. 


MASONS   CRJMES.  505 

use  of  that  holy  name,  which  is  the  most  important 
feature  of  the  system  of  Masonry,  as  the  all-pervad- 
ing symbol  of  that  Divine  truth  which  it  is  the  pro- 
fessed object  of  every  Mason  to  discover.  Profanity 
in  a  Mason,  therefore,  while  it  is  an  insult  to  the 
majesty  of  our  Maker,  is  also  an  irreverence  for  the. 
religious  design  of  the  Masonic  science,  and  as  such 
is  a  Masonic  crime. 

Universal  benevolence,  which  Bishop  Cumberland 
calls  "  the  prime  law  of  nature/'  is  the  necessary  re- 
sult of  love  of  our  neighbor.  Cruelty  to  one's  in- 
feriors and  dependents,  uncharitableness  to  the  poor 
and  needy,  and  a  general  misanthropical  neglect  of 
our  duty  as  men  to  our  fellow,  beings,  exhibiting 
itself  in  extreme  selfishness  and  indifference  to  the 
comfort  or  happiness  of  all  others,  are  offences 
against  the  moral  law,  and  therefore  Masonic  crimes. 
Job,  in  one  of  his  affecting  remonstrances,  has 
beautifully  enumerated  the  vices  which  flow  from  a 
want  of  sympathy  with  our  fellow-beings,  any  one 
of  which  would,. if  committed  by  a  Mason,  be  a  fit- 
ting cause  for  the  exercise  of  Masonic  discipline. 
"  If  I  have  withheld  the  poor  from  their  desire,  or 
have  caused  the  eyes  of  the  widow  to  fail ;  or  have 
eaten  my  morsel  myself  alone,  and  the  fatherless 
have  not  eaten  thereof ;  if  I  have  seen  any  perish 
for  want  of  clothing,  or  any  poor  without  a  cover- 
ing ;  if  his  loins  have  not  blessed  me,  and  he  were 
not  warmed  with  the  fleece  of  my  sheep,  then  let 
evil  overtake  me."* 

*  Job,  chap.  xxxi.  16-20. 

22 


506  MASONIC   CRIMEA. 

Justice,  which  the  civil  law  defines  to  oe  u  a  COL- 
staut  and  prevailing  desire  to  give  every  one  his 
just  due,"*  is  another  necessary  result  of  love  of  our 
neighbor.  As  one  of  the  cardinal  virtues,  the  can- 
didate is  instructed  in  the  ritual  of  the  first  degree 
*;  never  to  deviate  from  its  minutest  principles." 
Injustice,  therefore,  in  every  form  in  which  one  man 
ran  do  wrong  to  another,  is  a  violation  of  the  moval 
law,  and  a  Masonic  crime. 

Lastly,  from  our  duty  to  ourselves  result  all  those 
virtues,  the  practice  of  which  enables  us  to  discharge 
the  obligations  we  owe  to  society,  our  family,  and 
our  friends.  In  neglecting  this  duty,  by  abusing 
the  bounties  of  Providence,  by  impairing  our  facul 
ties,  by  irregularity,  and  debasing  our  profession  by 
intemperance,  we  violate  the  moral  law,  and  are 
guilty  of  Masonic  crime. 

Next  to  violations  of  the  moral  law,  in  the  cate- 
gory of  Masonic  crimes,  are  to  be  considered  the 
transgressions  of  the  municipal  law,  or  the  law  of 
the  land.  The  jurists  divide  a1!  wrongful  acts  into 
two  classes — mala  in  se  and  nala  proliibita.  A 
malum  in  se — an  evil  in  itself — is  that  which  is  uni- 
versally acknowledged  to  be  such  among  all  civilized 
men.  It  is,  in  fact,  a  violation  of  the  moral  law  of 
nature.  Of  this  class  are  murder,  theft,  and  similar 
crimes.  A  malum  prohibitum — a  prohibited  evil — 
is  that  which  has  been  conventionally  made  so  by 
the  enactment  of  the  law  ;  so  that  what  is  molnm 

*  "  Justitia  est  constans  et  perpetiia  voluntas  jus  suum  cinque  tribuendi  .*-  - 

c/JUSf.  I.  1. 


MASONIC    CRIMES.  50" 

prohibitum  in  one  country,  is  no  evil  at  all  in 
another.  Such,  are  violations  of  the  game  laws  in 
England,  or  the  selling  of  liquor  without  a  license. 
Now,  of  course  all  mala  in  se  are  crimes  in  Masonic 
jurisprudence,  because  they  are  violations  of  the 
moral  law.  But  mala  prohibita  are  not  necessarily 
so,  and  would  not  be  considered  as  such,  if  it  were 
not  for  the  relation  that  the  laws  of  Masonry  beai 
to  the  laws  of  the  land.  Obedience  to  constituted 
authority  is  one  of  the  first  duties  which  is  impres- 
sed upon  the  mind  of  the  candidate,*  and  hence  he 
who  transgresses  the  laws  of  the  government  under 
which  he  lives,  violates  the  teachings  of  the  Order, 
and  is  for  this  cause  justly  obnoxious  to  Masonic 
punishment. 

It  may  appear  at  first  sight  to  be  a  violation  of 
the  great  principles  of  justice  to  punish  a  man  a 
second  time  for  the  same  offence,  and  it  may  there- 
fore be  supposed  that  when  a  Mason  has  once  under- 
gone the  penalty  of  the  laws  of  his  country,  he 
should  not  be  again  tried  and  punished  in  his  Lodge 
for  the  same  crime.  But  this  is  not  the  theory  upon 
which  Masonic  punishment  is  inflicted  in  such  cases. 
When  a  Mason  violates  the  laws  of  his  country,  he 
also  commits  a  Masonic  crime  ;  for,  by  his  wrong 
doing,  he  not  only  transgresses  the  Masonic  law  of 
obedience,  but  he  also  "  brings  shame  upon  the 

*  "  In  the  state,you  are  to  be  a  quiet  and  peaceful  subject,  true  to  youi 
government,  and  just  to  your  country  ;  you  are  uot  to  countenance  disloyalty 
or  rebellion,  but  patiently  submit  to  legal  authority,  and  conform  with  cheer 
fulness  to  the  government  of  the  country  in  which  you  live." — Charge  lo  ai 
Entered  Apiwentice.  WEBB,  p.  45. 


508  MASONIC    CRIMES. 

craft."  Of  this  crime  the  laws  of  the  country  take 
no  cognizance  ,  and  it  is  for  this  alone  that  ho  is  to 
be  tried  and  punished  by  a  Masonic  tribunal. 

And  from  this  arises  an  important  principle  of 
Masonic  law.  If  A  shall  have  been  tried  and  con- 
victed of  a  crime  in  the  courts  of  his  country, 
charges  may  be  preferred  against  him  in  his  Lodge 
for  conduct  unbecoming  a  Mason  ;  and  on  the  trial 
it  will  not  be  necessary  to  introduce  testimony  to 
prove  the  commission  of  the  act,  as  was  done  in  the 
temporal  court.  It  will  be  sufficient  to  adduce  cvi- 
dance  of  his  conviction,  and  the  fact  of  this  convic 
tion  will  be  alone  a  good  reason  to  render  him 
obnoxious  to  a  Masonic  penalty.  He  has,  by  the 
conviction,  brought  "  shame  upon  the  craft,"  and  for 
this  he  shall  be  punished.  It  is  true  that  there  may 
be  cases  in  which  it  is  apparent  that  the  conviction 
in  the  court  was  an  unjust  one,  or  there  may  be  pal- 
liating circumstances,  which,  without  affecting  the 
results  in  law,  would  tend  greatly  to  mitigate  the 
heinousness  of  the  transaction.  But  the  burthen  of 
showing  these  palliating  or  mitigating  features  will 
lie  upon  the  accused.  Unless  he  can  show  cause  to 
the  contrary,  he  must  be  punished  for  having,  by 
his  bad  conduct,  brought  censure  and  reproach  on 
the  fraternity.* 

*  "  Masons,"  said  the  Grand  Orator  of  Texas.  (Bro.  JAMES  B.  LIKENS) 
in  1856,  "  should  so  live  and  act  as  to  be  far  above  the  taint  of  moral  re 
proach,  and  their  course  should  be  such  as  to  reflect  bright  lustre  upon  the 
principles  they  profess,  that  our  institution  may  increase  in  the  esteem  of  the 
good,  and  an  eternal  silence  be  imposed  on  the  envenomed  tongue  of  igno 
rant  and  malicious  opposition."  It  is  for  disobedience  to  this  wholesome 
precept  that  the  wrong-doing  Mason  must  be  punished. 


MASONIC   CRIMES.  500 

But  these  remarks  are  only  applicable  to  convic- 
tions of  crimes  which  are  of  an  infamous  or  igno- 
minious character ;  for,  where  the  offence  is  not 
against  the  moral  law,  but  is  simply  a  malum  pro- 
hibitum,  or  is  not  of  such  a  nature  as  to  bring  with 
it  loss  of  reputation  to  the  offender,  then  the  Ma- 
sonic Order  will,  in  most  cases,  be  satisfied  that  the 
courts  shall  vindicate  themselves,  and  will  not  inter- 
fere, except  in  special  instances,  to  exercise  Masonic 
jurisdiction.  Thus,  in  the  instance  of  a  simple  as- 
sault, in  retaliation  for  injurious  words,  where  one 
party  only  is  a  Mason,  although  the  municipal  law 
will  not  consider  any  words  as  a  justification,  and 
will  proceed  to  conviction,  still,  as  the  offence  is  not 
infamous,  nor  the  punishment  ignominious,  and  the 
character  of  the  Order  does  not  need  to  be  vindi- 
cated, the  Lodge  will  not  take  cognizance  of  the 
act.  The  simple  rule  is,  that  where  the  crime  is  not 
against  the  moral,  as  well  as  the  municipal  law,  the 
Order  will  not  exercise  jurisdiction  over  the  offend- 
er, unless  it  is  required  for  the  vindication  ol  the 
character  of  the  institution,  affected  through  the 
wrong-doing  of  one  of  its  members. 

Again :  the  Order  will  take  no  cognizance  of 
ecclesiastical  or  political  offences.  And  this  arises 
from  the  very  nature  of  our  society,  which  eschews 
all  controversies  about  national  religion  or  state 
policy.*  Hence  apostasy,  heresy  and  schisms,  al- 
though considered  in  some  governments  as  heinous 
Dffences,  and  subject  to  severe  punishment,  cannot 

*  See  the  Charge*  of  1722,  vi.  2  ante  p.  64 


510  MASONIC    CRIMES. 

become  the  foundation  of  a  charge  in  a  Masonic 
Lodge. 

Treason  and  rebellion  also,  because  they  are  alto- 
gether political  offences,  cannot  be  inquired  into  by 
a  Lodge  ;  and  although  a  Mason  may  be  convicted 
of  either  of  these  acts  in  the  courts  of  his  country 
he  cannot  be  masonically  punished ;  and  notwith 
standing  his  treason  or  rebellion,  his  relation  to  the 
Lodge,  to  use  the  language  of  the  old  Charges, 
remains  indefeasible.* 

Lastly,  in  reference  to  the  connection  of  the  laws 
of  the  land  with  those  of  Masonry,  it  must  be  stated 
that  an  acquittal  of  a  crime  by  a  temporal  court 
does  not  relieve  a  Mason  from  an  inquisition  into 
the  same  offence  by  his  Lodge  ;  for  acquittals  may 
be  the  result  of  some  technicality  of  law.  or  other 
cause,  where,  although  the  party  i?  relieved  from 
legal  punishment,  his  guilt  is  still  manifest  in  the 
eyes  of  the  community  ;  and  if  the  Order  were  to  be 
controlled  by  the  action  of  the  courts,  the  character 
of  the  institution  might  be  injuriously  affected  by 
its  permitting  a  man  who  had  escaped  without  honor 
from  the  punishment  of  the  law,  to  remain  a  mem- 
ber of  the  fraternity.  In  the  language  of  the 
Grand  Lodge  of  Texas,  "  an  acquittal  by  a  jury, 
while  it  may,  and  should,  in  some  circumstances, 

*  This  doctrine  is  explicitly  set  forth  in  the  old  Charges  approved  in  1722. 
chap.  ii.  See  ante  p.  56.  The  wisdom  of  this  Regulation  will  be  apparent 
•vhen  we  consider  v,hat  if  treason  and  rebellion  were  Masonic  crimes,  almost 
every  Mason  in  the  United  Colonies,  in  1776,  would  have  been  subject  to  ex- 
pulsion, and  every  Lodge  to  a  forfeiture  of  it*  warrant  by  the  Grand  Lodges 
oJ  England  and  Scotland,  -indor  whose  jurisdiction  they  were  at  the  time 


MASONIC   CRIMES.  511 

have  its  iniluence  in  deciding  on  the  course  to  bo 
pursued,  yet  has  no  binding  force  in  Masonry.  We 
decide  on  our  own  rules,  and  our  own  view  of  the 
facts."* 

The  last  class  of  crimes  which  are  cognizable  by 
a  Masonic  tribunal,  are  violations  of  the  Landmarks 
and  Regulations  of  the  Order.  These  are  so  nume- 
rous that  space  cannot  be  afforded  for  even  a  bare 
catalogue.  Reference  must  be  made  only  to  a  few 
of  the  most  important  character. 

A  disclosure  of  any  of  the  secrets  which  a  Mason 
"  has  prgmised  to  conceal  and  never  reveal,"  is  a 
heinous  crime,  and  one  which  the  monitorial  lec- 
ture of  the  first  degree  expressly  says,  "  would  sub- 
ject him  to  the  contempt  and  detestation  of  all  good 
Masons,  "t 

Disobedience  and  want  of  respect  to  Masonic  su- 
periors, is  an  offence  for  which  the  transgressor 
subjects  himself  to  punishment.^ 

The  bringing  of  "  private  piques  or  quarrels"  into 
the  Lodge  is  strictly  forbidden  by  the  old  Charges, 
and  the  violation  of  this  precept  is  justly  considered 
as  a  Masonic  offence. 

A  want  of  courtesy  and  kindness  to  the  brethren,§ 

*  Rep.  of  Com.  on  Grievances  and  Appeals  of  G.  L.  of  Texas.    1856. 
Proc.  vol.  ii.  p.  273. 

t  WEBB,  p.  42. 

|  "  These  rulers  and  governors,  supreme  and  subordinate,  of  the  ancient 
Lodge,  are  to  be  obeyed  in  their  respective  stations  by  all  the  brethren 
with  all  humility,  reverence,  love  and  alacrity." — Charges  of  1722,  chap,  iv 
ante  p.  57. 

§  "  Every  Mason  shall  cultivate  brotherly  love." — Old  York  Constitutions 
point  1.  The  doctrine  is  constantly  taught  in  all  the  old  Constitutions. 


512  MASONIC   CRIMES. 

speaking  ealunmiously  of  one  behind  his  back,*  or 
in  any  other  way  attempting  to  injure  him,t  is  each 
a  violation  of  the  precepts  of  Masonry,  and  should 
be  made  the  subject  of  investigation. 

Striking  a  Mason,  except  in  self-defence,  is  a 
heinous  transgression  of  the  law  of  brotherly  love, 
which  is  the  foundation  of  Masonry.  It  is  not, 
therefore,  surprising  that  the  more  serious  offence 
of  duelling  among  Masons  has  been  specifically  con- 
demned, under  the  severest  penalties,  by  several 
Grand  Lodges. 

The  ancient  Installation  Charges  in  the,  time  of 
James  II.,  expressly  prohit  it  a  Mason  from  doing 
any  dishonor  to  the  wife  or  daughter  of  his  brother  ;;£ 
but  it  is  scarcely  necessary  to  remark  that  still 
higher  authority  for  this  prohibition  may  be  found 
in  the  ritualistic  Landmarks  of  the  Order. 

Gambling  is  also  declared  to  be  a  Masonic  offence 
in  the  old  Charges.§ 

As  I  have  already  said,  it  would  be  possible,  but 
hardly  necessary,  to  extend  this  list  of  Masonic 
offences  against  the  Constitutions  and  Regulations 
of  the  Order.  They  must  be  learned  from  a  dili- 

*  "  If  a  Mason  live  amiss,  or  slander  his  brother,  so  as  to  bring  tl  ?  craft 
to  shame,  he  shall  have  no  further  maintenance  among  the  bretnren,"— . 
Ibid,  point  10. 

t  "  A  Mason  shall  not  deny  the  work  of  a  brother  or  fellow,  but  shall  deal 
honestly  and  truly  by  him."— Ibid,  art.  12. 

4:  "  Ye  shall  not  take  your  fellow's  wife  in  villainy,  nor  deflower  his  daugh- 
ter or  servant,  nor  put  him  to  disworship." — Anc.  Inst.  Charges,  5.  Se€ 
ante  p.  50. 

§  "  A  Mason  must  be  no  common  player  at  the  cards,  dice,  or  hazard  *•— 
Ancient  Charges  at  Makings,  8  ;  ante  p.  51. 


MASONIC   CRIMES.  513 

gent  perusal  of  these  documents,  and  the  study  of 
the  Landmarks  and  ritualistic  observances.  It  is 
sufficient  to  say  that  whatever  is  a  violation  of 
fidelity  to  solemn  engagements,  a  neglect  of  pre- 
scribed duties,  or  a  transgression  of  the  cardinal 
principles  of  friendship,  morality  and  brotherly  love, 
is  a  Masonic  crime,  and  renders  tlie  offender  liable 
to  Masonic  punishment. 


CHAPTER    II 


THE  object  of  all  punishment,  according  to  the 
jurists,  is  twofold  :  to  vindicate  the  offended  majesty 
of  the  law,  and  to  prevent  its  future  violation  by 
others,  through  the  impressive  force  of  example. 
In  reference  to  this  latter  view,  it  is  reported  of 
Lord  Mansfield  that  on  a  certain  occasion  he  said, 
"A  man  is  not  hung  because  he  has  committed  a 
larceny,  but  lie  is  hung  that  larcenies  may  not  be 
committed."  This  is  perhaps  the  most  humane  and 
philosophical  principle  on  which  the  system  of 
punishments  can  be  founded.  To  punish  merely  as 
a  satisfaction  to  the  law,  partakes  too  much  of  the 
nature  of  private  retaliation  or  revenge,  to  be  worthy 
of  a  statesmanlike  policy. 

But  ir  the  theory  of  Masonic  punishments,  an- 
othei  element  is  to  be  added,  which  may  readily 
be  cc^  *  Bctured  from  what  has  already  been  said 
on  the  subject  of  crimes  in  the  last  chapter.  Pun- 
ishment in  Masonry  is  inflicted  that  the  character 
of  the  institution  may  remain  unsullied,  and  that 
the  unpunished  Times  of  its  members  may  not 


MASONIC   PUNISHMENTS.  515 

injuriously  reflect  upon  the  reputation  of  the  whole 
society. 

The  right,  on  the  part  of  the  Masonic  Order,  to 
inflict  punishment  on  its  members,  is  derived  from 
the  very  nature  of  all  societies.  "Inasmuch/7  says 
President  Wayland,*  "  as  the  formation  of  a  society 
involves  the  idea  of  a  moral  obligation,  each  party 
is  under  moral  obligation  to  fulfill  its  part  of  the 
contract.  The  society  is  bound  to  do  what  it  has 
promised  to  every  individual,  and  every  individual 
is  bound  to  do  what  he  has  promised  to  the  society." 
It  is  this  mutual  obligation  which  makes  a  violation 
of  a  purely  Masonic  law  a  penal  offence,  and  which 
gives  to  the  Lodge  the  right  of  imposing  the  penalty. 
Protection  of  the  good  and  punishment  of  the  bad, 
are  a  part  of  the  contract  entered  into  by  the  Order, 
and  each  of  its  members. 

But  the  nature  of  the  punishment  to  be  inflicted 
is  restricted  within  certain  limits  by  the  peculiar 
character  of  the  institution,  which  is  averse  to  some 
forms  of  penalty,  and  by  the  laws  of  the  land,  which 
do  not  give  to  private  corporations  the  right  to  im- 
pose certain  species  of  punishment. 

The  infliction  of  fines  or  pecuniary  penalties  has, 
in  modern  times  at  least,  been  considered  as  con- 
trary to  the  genius  of  Masonry,  because  the  sanc- 
tions of  Masonic  law  are  of  a  higher  nature  than 
any  that  could  be  furnished  by  a  pecuniary  penalty. 
The  imposition  of  a  fine  for  transgression  of  duty, 
would  be  a  tacit  acknowledgment  of  the  inadequacy 

*  Elements  of  Moral  Science,  p.  335. 


516  MASONIC    CENSURE. 

of  those  sanctions,  and  would  hence  detract  from 
their  solemnity  and  binding  nature.* 

Imprisonment  and  corporal  punishment  are  equally 
adverse  to  the  spirit  of  the  institution,  and  are  also 
prohibited  by  the  laws  of  the  land,  which  reserve 
the  infliction  of  such  penalties  for  their  OWE 
tribunals. 

Masonic  punishments  are  therefore  restricted  to 
the  expression  of  disapprobation,  or  the  deprivation 
of  Masonic  rights,  and  may  be  considered  under  the 
following  heads  : 

1.  CENSURE  ; 

2.  REPRIMAND  ; 

3.  EXCLUSION  ; 

4.  SUSPENSION,  DEFINITE  or  INDEFINITE  ; 

5.  EXPULSION. 

To  each  of  these  a  distinct  section  must  be 
allotted. 

SECTION  I. 

MASONIC     CEN  SUR  E. 

in  the  canon  law,  ecclesiastical  censure  was  a 
penalty  which  carried  with  it  a  deprivation  of  com- 
munion, or,  in  the  case  of  clergymen,  a  prohibition 
to  exercise  the  sacerdotal  office. 

But  in  Masonic  law,  it  is  the  mildest  form  of 
punishment  that  can  be  inflicted,  and  may  be  de- 
fined to  be  a  formal  expression  of  disapprobation, 

*  Except  in  a  single  article  of  the  Gothic  Constitutions  of  926, 1  do  not  find 
in  any  of  the  old  Constitutions,  Regulations  and  Charges,  the  remotest  refer 
Slice  to  a  pecuniary  penalty  for  the  breach  of  any  Masonic  duty. 


REPRIMAND,  517 

without  other  result  than  the  effect  produced  upon 
the  feelings  of  him  who  is  censured. 

The  censure  of  a  member  for  any  .violation  of 
duty  is  to  be  adopted  in  the  form  of  a  resolution, 
which  simply  expresses  the  fact  that  the  Lodge  dis- 
approves of  his  conduct  in  the  particular  act.  It 
may  be  adopted  by  a  bare  majority,  and  effects  no 
deprivation  of  Masonic  rights  or  Masonic  standing. 
Inasmuch,  however,  as  it  is  a  penalty  inflicted  for 
an  offence,  although  a  very  light  one,  it  is  due  to 
comity  and  the  principles  of  justice,  that  the  party 
towards  whom  the  censure  is  to  be  directed  should 
be  notified  of  the  fact,  that  he  may  have  an  oppor- 
tunity to  defend  himself.  A  member,  therefore, 
wishing  to  propose  a  vote  of  censure,  should  always 
give  notice  of  the  same ;  or,  what  arnonnts  to  the 
same  thing,  the  resolution  of  censure  should  never 
be  proposed  and  acted  on  at  the  same  mooting. 

It  is  competent  for  any  member,  in  the  same  way, 
and  on  notice  given,  to  move  the  revocation  of  a 
vote  of  censure  ;  and  the  Lodge  may,  i*t  any  regu- 
lar communication,  reverse  such  a  vote.  It  is  al- 
ways in  the  power  of  a  Lodge  to  retrace  its  steps 
when  an  act  of  injustice  is  to  be  redressed. 


SECTION  H. 

REPRIMAND. 

Kuprimand  is  the  next  grade  of  Masonic  punish 
ment,  and  may  be  denned  as  a  severe  reproof  for 
•*ome  fault  formally  communicated  to  the  offender 


518  REPRIMAND. 

It  differs  from  censure  in  this,  that  censure  is 
simply  the  expression  of  an  opinion  in  relation  to 
certain  conduct,  while  reprimand  is  an  actual  punish- 
ment inflicted  on  the  offender  by  some  officer  ap- 
pointed for  that  purpose. 

Censure,  as  I  have  already  said,  may  be  expressed 
on  a  mere  motion,  and  does  not  demand  the  forms 
of  trial,  although  the  party  against  whom  it  is  pro- 
posed to  direct  the  censure  should  always  have  an 
opportunity  of  defending  his  conduct,  and  of  oppos- 
ing the  motion  for  censure. 

But  reprimand  cannot  be  predicated  on  a  mere 
motion.  It  must  be  preceded  by  charges  and  a 
trial.  I  suppose,  however,  that  a  mere  majority 
will  be  competent  to  adopt  a  sentence  of  reprimand. 

Reprimand  is  of  two  kinds,  private  and  public — 
the  latter  of  which  is  a  higher  grade  of  punishment 
than  the  former.  Private  reprimand  is  generally 
communicated  to  the  offender  in  the  form  of  a  let- 
ter. Public  reprimand  is  given  orally  in  the  Lodge, 
and  in  the  presence  of  all  the  brethren.  The  mode 
and  terms  in  which  the  reprimand  is  to  be  communi- 
cated are  of  course  left  to  the  discretion  of  the 
executive  officer ;  but  it  may  be  remarked  that  no 
additional  ignominy  should  be  found  in  the  language 
in  which  the  sentence  of  the  Lodge  is  communicated. 
The  punishment  consists  in  the  fact  that  a  repri- 
mand has  been  ordered,  and  not  in  the  uncourteous 
terms  with  which  the  language  of  that  reprimand 
may  be  clothed.  But  under  particular  circumstances 
the  Master  may  find  it  expedient  to  dilate  upor 


EXCLUSION.  519 

the  nature  of  the  offence  which  has  incurred  the 
reprimand. 

The  Master  of  the  Lodge  is  the  proper  person  to 
whom  the  execution  of  the  reprimand  should  be 
intrusted. 

Lastly,  a  reprimand  does  not  affect  the  Masonic 
standing  of  the  person  reprimanded. 


SECTION  HI. 

EXCLUSION. 

In  the  Grand  Lodge  of  England,  the  word  ex- 
clusion is  technically  used  to  express  the  act  of  re- 
moving a  Mason  from  a  private  Lodge,  by  the  act 
of  the  Lodge  itself,  or  of  a  Provincial  Grand  Lodge, 
while  expulsion  is  employed  to  signify  the  same  act 
when  performed  by  the  Grand  Lodge.*  But  in  this 
country,  this  use  of  the  word  is  not  known. 

Exclusion,  under  the  American  law  of  Masonry, 
may  be  briefly  defined  to  be  a  deprivation  of  the 
rights  and  benefits  of  Masonry,  so  far  as  they  relate 
to  any  particular  Lodge,  but  not  to  the  whole  fra- 
ternity. It  is  of  two  kinds,  temporary  and  perma- 
nent, each  of  which  must  be  separately  considered. 

1.  Temporary  Exclusion. — A  violation  of  the 
rules  of  order  and  decorum,  either  in  a  member  or 
visitor,  subjects  such  offender  to  the  penalty  of  ex- 

*  "  The  terrr  expelled  is  used  only  when  a  brother  is  removed  from  the 
craft  by  the  Grand  Lodge.  In  a  district  Grand  Lodge,  or  upon  removal  of 
a  brother  from  a  private  Lodge,  the  term  excluded  only  is  appl'cabie."— 
CortsL  G.  L.  of  England,  1847,  page  67,  note. 


520  EXCLUSION. 

elusion  for  that  communication  from  the  Lodge. 
It  may  be  inflicted  either  by  a  vote  of  a  majority 
of  the  Lodge,  or.  as  is  more  usually  done,  by  the 
exercise,  on  the  part  of  the  Master,  of  his  preroga- 
tive ;  for  the  Master  of  every  Lodge  has  the  inhe- 
rent privilege  to  exclude  any  person  from  visiting 
the  Lodge,  or  remaining  during  the  communication, 
if  his  presence  would  be  productive  of  injury  to  the 
Order,  by  impairing  its  harmony  or  affecting  its 
peaceful  pursuit  of  Masonic  labor.  If  a  Mason, 
whether  he  be  a  member  or  a  visitor,  apply  for  ad- 
mission, the  Master,  if  he  knows  or  believes  that 
the  admission  of  the  applicant  would  result  in  the 
production  of  discord,  may  exclude  him  from  en- 
trance ;  and  this  prerogative  he  exercises  in  virtue 
of  being  the  superintendent  of  the  work.  But  this 
prerogative  has  already  been  discussed  in  preced- 
ing pages  of  this  work,  to  which  the  "reader  is 
referred.* 

If  a  member  or  visitor  shall  behave  in  an  unbe- 
coming and  disorderly  manner,  he  may  be  excluded 
for  that  communication,  either  by  the  Master  or  the 
Lodge.  The  Master  possesses  the  power  of  exclu- 
sion on  such  an  occasion,  under  the  prerogative  to 
which  reference  has  just  been  made  ;  and  the  Lodge 
possesses  the  same  right,  by  the  especial  sanction 
of  the  ritual,  which,  at  the  very  opening  of  the 
Lodge,  forbids  all  "  immoral  or  unmasonic  conduct, 
whereby  the  peace  and  harmony  of  the  Lodge  may 
be  impaired,  under  no  less  a  penalty  than  the  by- 

*  See  ante  p,  208,  and  p.  349 


EXCLUSION.  521 

laws  may  impose,  or  a  majority  of  the  brethren 
present  see  fit  to  inflict." 

The  command  of  the  Master,  therefore,  or  the 
vote  of  a  majority  of  the  Lodge,  is  sufficient  to  in- 
flict the  penalty  of  temporary  exclusion.  The  forms 
of  trial  are  unnecessary,  because  the  infliction  of  the 
penalty  does  not  affect  the  Masonic  standing  of  the 
person  upon  whom  it  is  indicted.  An  appeal,  how- 
ever, always  lies  in  such  cases  to  the  Grand  Lodge, 
which  will,  after  due  investigation,  either  approve 
or  disapprove  of  the  action  of  the  Lodge  or  the 
Master,  and  the  vote  of  censure  or  disapprobation 
will  be,  of  course,  from  the  temporary  nature  of  the 
penalty,  the  only  redress  which  a  Mason,  injured  by 
its  wrongful  infliction,  can  obtain. 

2.  Permanent  Exclusion. — This  penalty  is,  in  this 
country,  only  inflicted  for  non-payment  of  arrears, 
and  is  more  usually  known  as  the  act  of  striking 
from  the  roll.  There  are  a  few  Grand  Lodges 
which  still  permit  the  punishment  of  suspension  to 
be  inflicted  for  non-payment  of  arrears  ;  but  the 
good  sense  of  the  fraternity  is  rapidly  leading  to 
the  conclusion,  that  the  infliction  of  such  a  penalty 
in  these  cases — a  penalty  severing  the  connection 
of  the  delinquent  with  the  whole  Order,  for  an 
offence  committed  against  a  particular  Lodge— an 
offence,  too,  involving  no  violation  of  the  moral  law, 
and  which  is,  in  many  instances,  the  result  rather  of 
misfortune  than  of  a  criminal  disposition — is  op- 
pressive, and  altogether  opposed  to  the  equitable 
and  benign  principle?  of  the  Masonic  institution. 


522  EXCLUSION. 

Hence  erasure  from  the  roll.  or.  in  other  words,  pe^ 
manent  exclusion,  is  now  beginning  to  be  considered 
as  the  only  adequate  punishment  for  an  omission 
to  pay  the  annual  tax  imposed  by  every  Lodge  on 
its  members.* 

I  say  that  suspension  is  an  oppressive  and  inade- 
quate penalty  for  the  offence  of  non-payment  of 
dues,  and  it  is  perhaps  proper  that  this  position,  as 
it  is  contrary  to  the  practical  views  of  a  few  Grand 
Lodges,  should  be  maturely  examined. 

This  striking  of  names  from  a  Lodge  roll  is  alto- 
gether a  modern  practice,  taking  its  rise  since  the 
modern'  organization  of  permanent  Lodges*  ID 
ancient  times,  Lodges  were  temporary  associations 
of  Masons  for  special  and  limited  purposes.  Ori- 
ginally, as  Preston  informs  us,  "  a  sufficient  number 
of  Masons,  met  together  within  a  certain  district, 
with  the  consent  of  the  sheriff  or  chief  magistrate 
of  the  place,  were  empowered  to  make  Masons,  and 
practise  the  rights  of  Masonry  without  warrant  of 
constitution."  Then,  of  course,  there  being  no  per- 
manency of  organization,  there  were  no  permanent 
members,  and  consequently  no  payment  of  arrears, 
and  no  striking  from  the  roll.  It  was  only  after 

*  Thus,  the  Grqnd  Lodge  of  South  Carolina,  in  1845,  adopted  a  regulation, 
declaring  that  "  the  penalty  of  expulsion  for  non-payment  of  arrears  is  abro- 
gated by  this.  Grand  Lodge,  and  the  only  punishment  to  he  hereafter  inflicted 
for  such  defalcation  shall  be  a  discharge  from  membership."  And  the  Cm- 
Btitution  of  the  Grand  Lodge  of  New  York  (1854)  prescribes,  that  "  arrears 
for  one  year's  dues  shall  subject  a  member  to  be  stricken  from  the  roll  of  his 

Lodge  ; and  the  member  shall  thereupon  become  non-affiiuited  ;  but 

no  act;  of  censure,  suspension  or  expulsion,  shall  be  pronounced  thereon  for 
non-payment  of  dues  only." 


EXCLUSION.  523 

1717,  that  all  these  things  were  introduced  ;  and  as 
Lodges  pay  some  contribution  to  the  Grand  Lodge 
for  each  of  their  members,  it  is  evident,  as  well  as 
from  other  palpable  reasons,  that  a  member  who 
refuses  or  neglects  to  support  the  general  Lodge 
fund,  will  become  pecuniarily  onerous  to  the  Lodge. 
Still,  the  non-payment  of  arrears  is  only  a  violation 
of  a  special  voluntary  obligation  to .  a  particular 
Lodge,  and  not  of  any  general  duty  to  the  frater- 
nity at  large.  The  punishment  therefore  inflicted 
(if  it  is  to  be  considered  at  all  as  a  punishment,) 
should  be  exclusion  or  erasure  from  the  roll,  which 
only  affects  the  relations  of  the  offender  with  his 
own  Lodge,  and  not  suspension,  which  would  affect 
his  relations  with  the  whole  Order,  whose  moral 
code  he  has  not  violated. 

Does  striking  from  the  roll,  then,  impair  the 
general  rights  of  a  Mason  ?  Are  its  effects,  even  in 
a  modified  form,  similar  to  those  of  suspension  or 
expulsion,  and  is  his  standing  in  the  Order  affected 
by  the  erasure  of  his  name?  Bro.  W.  M.  Perkins, 
the  late  able  Grand  Master  of  the  Grand  Lodge  of 
Louisiana,  writing  on  this  subject  in  his  annual  ad- 
dress in  1858,  said,  that  "  striking  his  name  from 
the  roll  of  the  members  of  the  Lodge,  under  a  by- 
law, does  not  affect  a  brother's  standing  in  the  fra- 
ternity, nor  debar  him  from  any  of  the  privileges  of 
Masonry,  except  that  of  membership  in  the  particu 
lar  Lodge."* 

I  cordially  concur  with  Bro.  Perkins  in  this  vie^r. 

*  Proc.  G.  L.  of  Louisiana,  1858. — Grand  Master's  Address.  '  • 


524  EXCLUSION. 

I  cannot  for  a  moment  suppose  that  a  transgression 
of  the  by-laws  of  a  particular  Lodge,  involving  no 
moral  turpitude,  and  violating  no  general  law  of  the 
Order,  can  have  any  effect  on  the  relations  of  the 
transgressor  with  the  Order.  He  who  is  excluded 
from  membership  in  his  Lodge,  for  not  complying 
with  the  rule  which  levies  a  tax  upon  him,  loses,  of 
course,  his  membership  in  that  Lodge  ;  but  his  mem- 
bership in  the  great  body  of  the  craft,  against 
whom  he  has  committed  no  offence,  still  remains 
unimpaired. 

But  he  loses  something.  He  is,  to  a  certain  ex 
tent,  shorn  of  his  Masonic  privileges  ;  for  he  for- 
feits the  right  of  membership  in  his  own  Lodge,  and 
with  it  all  the  other  rights  which  are  consequent  on 
such  membership.  And  hence  the  question  naturally 
arises,  can  he  be  deprived  of  this  right  of  member- 
ship— can  his  name  be  stricken  from  the  roll — by 
the  mere  operation  of  a  by-law,  without  any  form 
of  trial,  and  without  any  opportunity  for  defence  or 
explanation? 

Now,  to  say  nothing  of  the  injustice  which  is  in 
many  instances  perpetrated  when  a  Mason  is  stricken 
from  the  roll  of  his  Lodge  for  non-payment  of  dues — 
since  the  omission  to  pay  may  often  arise  from  po- 
verty, misfortune,  excusable  neglect,  or  other  causes 
beyond  the  control  of  the  delinquent — to  say  no- 
thing of  all  this — because  the  question  here  is  not 
as  to  the  nature  of  the  offence,  but  as  to  the  mode 
in  which  punishment  is  to  be  inflicted — it  follows, 
from  all  the  recognized  principles  of  justice,  law 


EXCLUSION.  525 

and  common  sense,  that  the  crime  should  be  first 
proved,  and  the  accused  be  heard  in  his  defence^ 
before  judgment  be  pronounced  against  him. 

The  erasure  of  a  member's  name,»by  the  mere 
operation  of  a  by-law  of  his  Lodge,  without  any 
opportunity  being  given  to  him  to  explain  or  defend 
his  conduct — to  offer  reasons  why  the  law  should 
not  be  enforced  in  his  case,  or  to  prove  that  he  has 
not  violated  its  provisions,  would,  under  any  other 
circumstances,  and  in  relation  to  any  other  offence, 
be  at  once  admitted  everywhere  to  be  a  most  mani- 
fest violation  of  all  Masonic  law  and  equity.  If 
the  by-laws  of  a  Lodge,  for  instance,  prescribed 
erasure  for  habitual  intemperance,  and  required  the 
Secretary  to  keep  a  record  of  the  number  of  times 
that  each  member  exceeded  the  strict  limits  of  so- 
briety, who  will  dare  to  say  that  at  any  time,  on 
the  mere  report  of  the  Secretary  that  a  member  had 
violated  this  by-law,  and  was  habitually  intemper- 
ate, he  should  at  once,  without  further  action,  and 
by  the  mere  operation  of  the  by-law  in  question,  be 
stricken  from  the  roll  of  his  Lodge  ?  There  is  no 
one  who  does  not  see  the  obvious  necessity,  in  such 
a  case,  of  a  charge,  a  summons,  and  a  trial.  To  ex- 
clude the  worst  member  of  a  Lodge  under  such  a 
by-law,  without  these  preliminary  measures,  would 
be  so  fatal  a  violation  of  the  principles  of  Masonry, 
as  justly  to  subject  the  Lodge  to  the  severest  repre- 
hension of  the  Grand  Lodge. 

And  yet  the  fact  that  the  offence  is  not  intempe- 
rance, but  non-payment  of  arrears,  does  not  in  the 


526  EXCLUSION. 

slightest  degree  involve  a  difference  of  principle. 
Xdmit,  for  the  sake  of  argument,*  that  the  failure 
to  pay  Lodge  dues  is  in  itself  a  Masonic  offence,  and 
that  a  Lodgers  right  to  declare  exclusion  an  appro- 
priate punishment  for  its  commission,  still  there 
exists  here,  as  in  the  more  undoubted  crime  of 
habitual  drunkenness,  as  necessary  elements  to  the 
justice  of  the  punishment,  that  there  should  be  a 
charge,  a  summons  and  a  trial — that  the  defaulting 
brother  should  have  an  opportunity  to  defend  him- 
self, and  that  the  Secretary  who  accuses  him  should 
be  made  to  prove  the  truth  of  his  charge,  by  the 
correctness  of  his  accounts.  It  is  the  Magna  Cliarta 
of  Masonic  liberty  "  that  no  Mason  can  be  punished 
or  deprived  of  any  of  the  privileges  of  Masonry, 
except  upon  conviction  after  trial  ;"  and  to  this,  in 
every  other  case,  except  non-payment  of  arrears, 
there  will  not,  I  suppose,  be  a  single  dissenting 
voice  in  the  whole  body  of  the  craft.  It  is  time 
that,  guided  by  the  dictates  of  sound  justice  and 
good  common  sense,  this  exception  should  no  longer 
be  made.  It  is  time  that  the  Mason  should  no 
longer  be  permitted  to  say,  as  a  reproach  to  the 

*  I  use  this  qualifying  phrase,  because  it  is  evident,  that  in  cases  of  po- 
verty, misfortune,  or  other  unavoidable  inability,  non-payment  of  arrears  is 
not  a  Masonic  offence,  nor  an  offence  of  any  kind.  And  when  it  can  be 
proved  that  the  omission  to  pay  arises  from  an  intention  to  defraud  ihe  Lodgo 
of  its  just  dues,  or  from  any  similar  cause,  then  a  new  offence  is  generated, 
of  which  the  Lodge  should  take  cognizance,  under  a  distinct  charge.  In  all 
that  has  been  here  said  of  non-payment  of  dues,  it  is  viewed  simply  as  a 
debt,  the  obligation  to  discharge  which  is  admitted,  but  the  criminality  of 
not  complying  with  which  obligation  is  not  always  evident,  nor  necessarily 
to  be  assumed. 


EXCLUSION.  527 

consistency  of  our  legal  code, . "  I  may  lie,  I  may 
steal,  nay,  I  may  commit  murder,  and  my  Lodge 
will  not  and  dare  not  deprive  me  of  my  Masonic 
privileges,  except  after  a  conviction  derived  from, 
an  impartial  trial ;  but  if  I  omit  to  pay  the  Secre- 
tary a  few  dollars,  then,  upon  his  mere  report,  with- 
out any  opportunity  given  me  to  show  that  the 
omission  was  the  result  of  ignorance,  of  poverty,  of 
sickness,  or  of  misfortune,  I  may,  without  trial  and 
with  no  chance  of  defence,  be  visited  with  the  se- 
vere penalty  of  Masonic  exclusion.'7 

If,  then,  it  be  admitted,  as  I  presume  it  will,  that 
expulsion  or  suspension  cannot  be  inflicted  without 
trial,  and  that,  simply  because  it  is  a  punishment, 
and  because  punishment  should  always  follow,  and 
not  precede  conviction,  then  to  strike  the  name  of  a 
member  from  the  roll  of  his  Lodge,  would  be 
equally  as  illegal,  unless  he  were  called  upon  to 
show  cause  why  it  should  not  be  done.  The  one 
principle  is  strictly  analogous  with  the  other.  If 
you  cannot  suspend  without  trial,  neither  can  you 
strike  from  the  roll  without  trial.  It  is  unneces- 
sary, therefore,  to  extend  the  argument ;  but  I  sup- 
pose that  the  postulate  will  be  granted  under  the 
general  axiom,  that  no  punishment  whatsoever  can 
be  inflicted  without  preliminary  trial  and  oppor- 
tunity for  defence. 

And  therefore  it  may  be  laid  down  as  Masonic, 
law,  that  no  member  should  be  stricken  from  the 
roll  of  his  Lodge,  except  after  due  notice  given  to 
him,  and  opportunity  afforded  for  defence  •  after 


528  SUSPENSION. 

which  it  is  generally  .held,  that  a  vote  of  the  majority 
will  be  sufficient  to  put  the  by-law  in  force,  and  de- 
clare the  penalty  of  exclusion. 


SECTION  IT. 

SUSPENSION. 

We  have  now  arrived,  in  the  course  of  our  in- 
vestigations, at  a  class  of  punishments  which  affect 
the  standing  in  the  Order  of  the  persons  upon  whom 
they  are  inflicted.  Of  these  the  least,  and  therefore 
the  first  to  be  considered,  is  suspension. 

Suspension  may  be  defined  to  be  a  temporary 
privation  of  the  rights  and  privileges  of  Masonry. 
This  privation  may  be  for  a  fixed  or  an  indetermi- 
nate period,  whence  results  the  division  of  this  class 
of  punishments  into  two  kinds — definite  and  indefi- 
nite. The  effect  of  the  penalty  is,  for  the  time  that 
it  lasts,  the  same  in  both-  kinds  ;  but  as  there  are 
some  differences  in  the  mode  in  which  restoration 
to  rights  is  to  be  effected  in  each,  a  separate  con- 
sideration will  be  required. 

DEFINITE  SUSPENSION. — By  definite  suspension,  is 
meant  a  deprivation  of  the  rights  and  privileges  of 
Masonry  for  a  fixed  period  of  time,  which  period  is 
always  named  in  the  sentence.  By  the  operation 
of  this  penalty,  a  Mason  is  for  the  time  prohibited 
from  the  exercise  of  all  his  Masonic  privileges. 
His  rights  are  placed  in  abeyance,  and  he  can 
neither  visit  Lodges,  hold  Masonic  communication, 


SUSPENSION.  529 

nor  receive  fraternal  relief,  during  the  period  for 
which  he  has  been  suspended. 

But  he  is  still  a  Mason.  By  suspension,  as  by  the 
"  relegatio  "  of  the  Roman  law,  Masonic  citizenship 
is  not  lost,  although  the  exercise  of  its  rights  and 
duties  is  temporarily  interdicted.  And  therefore, 
as  soon  as  the  period  limited  by  the  sentence  has 
expired,  the  Mason  at  once  resumes  his  former  posi- 
tion in  the  Order,  and  is  reinvested  with  all  his  Ma- 
sonic rights,  whether  those  rights  be  of  a  private  or 
of  an  official  nature. 

Thus,  if  an  officer  of  a  Lodge  has  been  suspended 
for  three  months  from  all  the  rights  and  privileges 
of  Masonry,  a  suspension  of  his  official  functions 
also  takes  place.  But  a  suspension  from  the  dis- 
charge of  the  functions  of  an  office  is  not  a  depriva- 
tion of  the  office ;  and  therefore,  as  soon  as  the 
three  months  to  which  the  suspension  had  been 
limited  have  expired,  the  brother  resumes  all  his 
rights  in  the  Order  and  the  Lodge,  and  with  them, 
of  course,  the  office  which  he  had  held  at  the  time 
that  the  sentence  of  suspension  had  been  inflicted. 

No  sentence  of  suspension  can  be  imposed  upon 
any  Mason,  except  after  the  most  solemn  forms  of 
trial,  and  then  only  by  the  concurring  vote  of  two- 
thirds  of  the  members  present. 

It  is  impossible  to  define,  in  a  work  on  the  gene- 
ral principles  of  law,  which  is  the  nature  and  degree 
of  the  offences  fur  which  suspension  would  be  con- 
sidered as  an  appropriate  punishment.  The  Grand 
Lodge  of  New  York  has  declared  that  it  is  only  to 
23 


530  SUSPENSION. 

be  inflicted   "  where  the  offence  is   against   some 
police  or  temporary  regulation  of  the  fraternity/ 

If  any  rule  is  to  be  prescribed  on  the  subject,  this 
is  perhaps  the  best  ;  but  in  fact,  the  apportionment 
of  the  punishment  to  the  crime,  in  all  violations  of 
the  Masonic  law,  is  to  be  left  to  the  sound  discre 
tion  of  the  Lodge  which  has  tried  the  case.;  and  in 
every  trial  there  will,  of  necessity,  appear  many 
qualifying  circumstances  peculiar  to  each  transac- 
tion, which  must  control  and  direct  the  court  in  its 
infliction  of  punishment. 

Restoration  from  definite  suspension  may  take 
place  in  two  ways.  First,  by  a  vote  of  the  Lodge, 
abridging  the  period  of  suspension  and  restoring  the 
party  before  the  term  of  suspension  has  expired. 
This  may  be  considered  in  the  light  of  a  pardon ; 
and  this  clemency  it  is  the  prerogative  of  the  Lodge 
to  exercise,  under  the  necessary  restrictions  that 
the  restoration  is  made  at  a  regular  communication 
of  the  Lodge,  and  by  a  vote  of  two-thirds  of  those 
present ;  for,  as  it  required  that  number  to  impose 
the  sentence,  it  will  not  be  competent  for  a  less 
number  to  reverse  it.  But  due  notice,  at  least  one 
month  previously,  should  be  given  of  the  intention 
to  move  for  a  restoration,  because  the  reversal  of  a 
sentence  is  an  unusual  action,  and  the  members  willT 
by  such  notice,  be  enabled  to  be  present  and  to  ex- 
press their  views,  while  a  sudden  motion,  without 
due  notice,  would  take  the  Lodge  by  surprise,  and 
surprises  are  as  contrary  to  the  spirit  of  Masonic 
as  they  are  or  Municipal  law. 


SUSPENSION.  531 

In  the  next  place,  and  this  is  the  .nost  usual  mode, 
restoration  from  definite  suspension  results  from  the 
natural  expiration  of  the  period  fixed  by  the  sen- 
tence. T'^us,  if  on  the  1st  day  of  January,  a  mem- 
ber be  suspended  for  three  mouths,  that  is  to  say, 
until  the  1st  day  of  April,  then  on  the  1st  of  April, 
he  at  once,  and  by  the  mere  operation  of  the  law, 
becomes  a  restored  Mason.  No  vote  of  the  Lodge 
is  necessary  ;  for  its  previous  action,  which  had  de- 
clared him  to  be  suspended  until  the  1st  of  April, 
included  the  fact  that  he  was  not  to  be  suspended 
any  longer  ;*  and  therefore,  on  the  2d  of  April,  he 
is,  by  the  expiration  of  his  sentence,  in  good  stand- 
ing. No  vote  of  the  Lodge  is  therefore  necessary 
to  restore  one,  who  has  been  definitely  suspended,  at 
the  expiration  of  his  sentence  ;  but  he  at  once,  by 
the  very  terms  of  that  sentence,  takes  his  place  as  a 
Mason  restored  to  all  his  rights. 

In  former  works,  I  had  very  elaborately  con- 
sidered the  question,  but  it  is  scarcely  necessary  to 
repeat,  in  this  place,  anything  more  than  the  gene- 
ral conclusion  ;  and  besides,  I  confess  that  there  is 
some  difficulty  in  adducing  arguments  to  prove  that 
suspension  for  three  months  means  suspension  for 
three  months,  and  no  more.  It  is  difficult  to  prove 
all  truisms.  The  ingenious  logician  may  find  it  a 
pleasant  task  to  establish  some  doubtful  thesis,  but 
an  irksome  one  to  prove  that  "  white  is  white  and 

*  Expressio  unius  est  exclusio  altering— the  express  mention  of  one 
thing  implies  the  exclusion  of  another.  A  sentence  of  suspension  for  three 
months  excludes  the  idea  of  a  suspension  for  even  a  day  longer. 


532  SUSPENSION. 

black  is  black."  The  learned  mathematician  will 
delight  in  demonstrating  some  abstruse  proposition, 
out  will  scarcely  know  how  to  establish  the  fact 
that  "  things  which  are  equal  to  the  same  thing,  are 
equal  to  each  other."  So  is  it  equally  tedious  and 
unsatisfactory  to  show,  by  special  arguments,  that 
when  the  sentence  of  a  Lodge  is,  that  "  A  B  shall 
be  suspended  for  three  months/'  it  means  anything 
more  than  that,  at  the  expiration  of  the  three 
months,  the  suspension  shall  determine  and  cease. 

INDEFINITE  SUSPENSION. — Indefinite  suspension,  as 
the  qualifying  word  imports,  is  a  suspension  for  a 
period  not  determined  and  fixed  by  the  sentence, 
but  to  continue  during  the  pleasure  of  the  Lodge. 
In  this  respect  only  does  it  differ  from  the  preced- 
ing punishment.  The  position  of  a  Mason,  under 
definite  or  indefinite  suspension,  is  precisely  the 
same  as  to  the  exercise  of  all  his  rights  and  privi- 
leges, which  in  both  cases  remain  in  abeyance,  and 
restoration  in  each  brings  with  it  a  resumption  of 
all  the  rights  and  functions,  the  exercise  of  which 
had  been  interrupted  by  the  sentence  of  suspension. 

There  is,  however,  a  shade  of  difference  between 
the  two  punishments — indefinite  suspension  being 
inflicted  for  offences  of  a  more  aggravated  nature 
than  those  for  which  the  penalty  of  definite  sus- 
pension is  prescribed.  It  must,  of  course,  be  the 
result  of  conviction,  after  due  charges  and  trial,  and 
can  only  be  inflicted  by  a  vote  of  two-thirds  of  the 
members  present. 

Restoration  of  an  indefinitely  suspended  member 


SUSPENSION.  533 

is  always  by  a  resolution  of  the  Lodge,  and  loy  a 
vote  of  two-thirds.  This  seems  to  be  an  unquestiori 
able  principle  of  law  ;  for  when  a  member  has  been 
indefinitely  suspended,  the  very  word  "  indefinitely* 
implies  that  he  may,  at  any  time  thereafter,  whether 
it  be  one  month  or  one  year,  be  restored.  No  time 
for  his  restoration  is  specified  in  the  terms  of  the 
sentence.  He  is  indefinitely  suspended — suspended 
for  an  uncertain  period — that  is,  during  the  pleasure 
of  the  Lodge.  And  therefore  I  hold,  that  at  any 
regular  communication,  it  is  competent  for  a  mem- 
oer  to  meve  for  a  restoration,  which  motion  may  be 
adopted  by  a  concurring  vote  of  two-thirds  of  the 
members  present. 

In  this  case  no  previous  notice  of  the  intention  to 
move  for  a  restoration  is  necessary,  because  no 
member  has  a  right  to  plead,  that  by  such  a  motion 
he  is  taken  by  surprise.  The  very  terms  of  the  sen- 
tence of  indefinite  suspension  include  the  fact  that 
the  sentence  may,  at  any  time,  be  terminated  by  the 
action  of  the  Lodge.  Due  notice  of  a  regular  com- 
munication is  supposed  to  be  given  to  every  mem- 
ber ;  and  the  fact  that  it  is  a  regular  communication 
is  in  itself  a  notice  by  the  by-laws.  The  restoration 
of  a  Mason,  suspended  for  a  definite  period,  before 
the  expiration  of  his  term  of  sentence,  is  something 
that  no  member  has  a  right  to  expect ;  and  there- 
fore, as  I  have  already  said,  a  motion  for  such  resto- 
ration might  act  as  a  surprise.  But  a  member 
indefinitely  suspended  is  suspended  during  the  plea- 
sure of  the  Lodge,  and  it  is  competent  for  the  Lodge, 


534  SUSPENSION. 

at  any  time,  to  declare  that  such  suspension  shall 
terminate.  While,  however,  such  is  the  legal  prin- 
ciple, it  is  not  to  be  denied  that  Masonic  comity 
should  induce  any  member  about  to  propose  a  mo- 
tion for  restoration,  to  give  timely  notice  of  his  in- 
tention to  his  brethren,  and  the  restoration  itself 
will  be  of  a  much  more  honorable  character  when 
thus  made,  after  due  notice,  mature  consideration, 
and  in  a  full  Lodge,  than  when  suddenly  granted, 
upon  a  moment's  notice,  and  perhaps  at  a  thinly 
attended  meeting. 

Do  the  annual  dues  of  a  member  under  suspension 
continue  to  accrue  during  his  suspension?  I  should 
say,  clearly  not.  Dues  are  paid  by  members  to  their 
Lodges  for  the  enjoyment  and  exercise  of  certain 
rights  which  pertain  to  membership.  If  the  exer- 
cise of  these  rights  is  prohibited,  it  seems  but  an 
equitable  conclusion  that  payment  for  the  exercise 
of  the  rights  should  be  suspended  with  the  suspen- 
sion of  the  rights  themselves.  No  man  should  be 
made  to  pay  for  that  which  he  docs  not  receive. 

This  view  is  practically  adopted  everywhere  in 
the  case  of  indefinite  suspension  :  for  the  Secretary 
invariably  abstains  from  continuing  his  account 
with  an  indefinitely  suspended  member,  and  I  see 
no  reason  why  a  different  rule  should  be  adopted  in 
reference  to  members  under  definite  suspension. 
The  two  penalties  differ  only  in  respect  to  the  ex- 
tent of  time  for  which  they  are  inflicted,  and  in  the 
forms  to  be  pursued  in  acquiring  restoration.  In 
all  other  respects  they  are  precisely  alike,  and  are 
to  be  governed  by  the  same  principles. 


EXPULSION.  535 

SECTION  V. 

EXPULSION. 

Expulsion  is  tlie  severest  punishment  that  can  be 
inflicted  on  a  delinquent  Mason.  If  suspension  finds 
its  similitude  in  the  imprisonment,  or  rather,  in  the 
banishment  of  the  municipal  law,  expulsion  may  as 
properly  be  compared  to  the  punishment  of  death. 
There  is  a  remarkable  coincidence  between  the  sen- 
tence of  expulsion  by  Masonic  authority  and  the 
sentence  of  death  by  the  law  of  the  land,  each  of 
which  is  "  the  most  terrible  and  highest  judgment " 
in  the  respective  judicatures.  "  When  it  is  clear, 
beyond  all  dispute,"  says  Blackstone,  "  that  the  crimi- 
nal is  no  longer  fit  to  live  upon  the  earth,  but  is  to 
be  exterminated  as  a  monster  and  bane  to  human  so- 
ciety, the  law  sets  a  note  of  infamy  upon  him,  puts 
him  out  of  its  protection,  and  takes  no  further  care 
of  him  than  to  see  him  executed.  He  is  then  called 
attindus,  stained  or  blackened."*  So,  when  the  sen- 
tence of  expulsion  is  pronounced  against  a  Mason, 
his  Masonic  existence  at  once  ceases;  he  is  no  longer 
looked  upon  as  a  Mason — all  communication  with 
him  as  such  ceases,  just  as  much  as  if  he  were  actu- 
ally dead.  His  testimony  cannot  be  taken  in  a 
Masonic  trial — for,  like  the  felon  convicted  of  a 
capital  crime,  he  has  been  attainted,  and  rendered 
infamous — his  brethren  can  know  him  no  more. 
Expulsion  is,  in  one  word,  Masonic  death. 

As  this  penalty  is  of  so  severe  a  nature,  ruptiring 

*  Commentaries,  B.  iv.,  ch.  2(J. 


536  EXPULSION. 

all  the  lies  which  bind  a  Mason  to  the  fraternity,  it 
is  evident  that  it  should  only  be  inflicted  for  the 
most  heinous  offences — offences  which,  in  their  na- 
ture, affect  the  character,  the  well-being  and  the 
safety  of  the  whole  society,  and  hence  the  Grand 
Lodge  of  New  York  has  very  wisely  ordered  that 
it  shall  only  follow  "  a  gross  violation  of  the  moral 
law,  or  the  fundamental  principles  of  Masonry,  or 
attempts  against  any  part  of  the  frame-work  of  its 
government."*  The  penalty  is  not  inflicted  so  much 
as  a  punishment  of  the  guilty  person,  as  it  is  as  a  safe- 
guard or  security  of  the  Order.  The  object  is  not 
to  reform  an  evil,  but  to  prevent  its  influence  on  the 
fraternity.  A  Mason  who  habitually  transgresses 
the  moral  code,  or  lives  in  constant  violation  of  the 
fundamental  teachings  of  the  Order,  is  to  the  so- 
ciety, what  a  gangrenous  limb  is  to  the  body.  The 
incurable  wound,  says  the  Roman  poet,  must  be  cut 
off  with  the  knife,  lest  the  healthy  part  of  the  body 
ne  involved  in  the  disease.f  And  so  the  unworthy 
Mason  is  to  be  expelled  from  the  Order,  lest  his  ex- 
ample spread,  and  disease  be  propagated  through 
the  whole  constitution  of  Masonry.  But,  in  accord- 
ance with  this  principle,  expulsion  should  be  inflicted 
only  for  offences  which  affect  the  security  and  honor 
of  the  whole  Order.  The  remedy  should  never  bo 
applied  to  transgressions  of  a  subordinate  nature, 
which  neither  deserve  nor  require  its  application. 

*  Const.  G.  L.  of  New  York,  §  47. 

f  " imrnedicabile  vulnus 

Er.se  reciilcmkim ;  ne  uars  siucera  train tiur."—  OVID.  Net.  L.  190 


EXPULSION.  537 

As  this  is  a  penalty  which  affects  the  general  re- 
lations of  the  offender  to  the  whole  body  of  the 
craft,  and  cancels  his  connection  with  the  Order,  it 
would  seen  reasonable  that  it  should  be  inflicted 
only  by  the  supreme  authority,  and  not  by  a  sub- 
ordinate Lodge.  Hence,  the  modern  Constitutions 
of  English  Masonry  declare,  that  "  in  the  Grand 
Lodge  alone  resides  the  power  of  erasing  Lodges, 
and  expelling  brethren  from  the  craft ;  a  power 
which  it  ought  not  to  delegate  to  any  subordinate 
authority  in  England."* 

In  this  country  the  same  theory  has  always  existed 
and,  hence,  the  Grand  Lodges  have  constantly  exer- 
cised the  prerogative  of  restoring  expelled  Masons 
to  the  privileges  of  the  Order,  but  practically,  the 
power  of  expelling  has  been  vested  in  the  subordi- 
nate Lodges.  And  yet,  as  I  have  just  observed,  the 
English  theory  is  still  retained.  The  subordinate 
Lodge  tries  the  accused,  and  if  he  is  found  guilty, 
pronounces  the  sentence  of  expulsion;  but  this  ac- 
tion of  the  Lodge  must  be  submitted  to  the  Grand 
Lodge,  whose  tacit  confirmation  is  given,  if  there 
be  no  appeal;  but  if  there  be  one,  the  Grand  Lodge 
will  then  exercise  its  prerogative,  and  review  the 
case,  confirming  or  reversing  the  sentence  of  expul 
sion,  as  it  may  deem  most  proper. 

In  America,  where  nearly  all  the  Grand  Lodges 
meet  only  annually,  and  where  the  jurisdiction  is 
often  extended  over  a  vast  surface  of  territory,  it 
does  seem  expedient  that  the  power  of  conditional 

*  Const  G.  L.  of  Eng.,  ^47,  p.  23. 
23* 


538  EXPULSION. 

expulsion  should  be  vested  in  subordinate  Lodges, 
but  this  power  can  only  be  a  delegated  one,  for  the 
prerogative  of  expulsion  from  the  craft  was  always 
an  inherent  one,  vested,  by  the  very  nature  of  the 
institution,  the  rights  of  the  members,  and  the  na- 
ture of  the  punishment,  in  the  General  Assembly. 
The  very  fact,  as  I  have  elsewhere  said,*  that  ex- 
pulsion is  a  penalty,  affecting  the  general  relations 
of  the  punished  party  with  the  whole  fraternity, 
proves  that  its  unconditional  and  final  exercise  never 
could,  with  propriety  or  justice,  be  entrusted  to  a 
body  so  circumscribed  in  its  authority  as  a  subordi- 
nate Lodge. 

The  principle  of  the  law  on  this  subject,  appears 
then  to  be,  in  this  country,  that  a  subordinate  Lodge 
may  try  a  delinquent  and  pronounce  the  sentence  of 
expulsion,  but  that  that  sentence  must  be  confirmed 
by  the  Grand  Lodge,  to  make  it  final.  This  confir- 
mation is  generally  given  by  a  silent  reception  of 
the  report  of  the  Lodge;  but  it  is  always  competent 
for  a  Grand  Lodge,  with,  or  without  an  appeal  from 
the  punished  party,  to  review  the  transaction,  and 
wholly  or  in  part  to  reverse  the  sentence.  But,  by  the 
usages  of  the  Order,  the  sentence  of  the  Lodge  will 
stand  until  the  Grand  Lodge  has  given  its  decision. 

An  important  question  remains  to  be  discussed, 
which  refers  not  only  to  the  penalty  of  expulsion, 
but  also  to  that  of  suspension.  Does  suspension  or 
expulsion  from  a  Chapter  of  Royal  Arch  Masons 
a  Council  of  Royal  and  Select  Masters,  or  an  En- 

lexicon  of  Freemasonry,  Art.  Expulsion. 


EXPULSION.  539 

campment  of  Knights  Templar,  carry  with  it,  as  a 
necessary  consequence,  suspension  or  expulsion  from 
symbolic  Masonry?  To  this  question,  reason  and 
the  general  usages  of  the  Order  lead  me,  unhesi- 
tatingly to  reply,  that  it  does  not.  The  converse 
of  the  proposition  is  however  true,  and  suspension 
or  expulsion  from  a  symbolic  Lodge  is  necessarily 
suspension  or  expulsion  from  all  the  higher  bodies. 

The  principle  upon  which  this  doctrine  is  based 
is  a  very  plain  one.  If  the  axe  be  applied  to  the 
trunk  of  the  tree,  the  branches  which  spring  out  of 
it,  and  derive  their  subsistence  through  it,  must  die. 
If  the  foundation  be  removed,  the  edifice  must  fall. 
But  a  branch  may  be  lopped  off  and  the  trunk  will 
still  live ;  the  cape-stone  may  be  taken  away,  but 
the  foundation  will  remain  intact.  So,  Symbolic 
Masonry — the  Masonry  of  the  Lodge — is  the  trunk 
of  the  tree — the  foundation  of  the  whole  Masonic 
edifice.  The  Masonry  of  the  Chapter  or  the  Coun- 
cil is  but  the  branch  which  springs  forth  from  the 
tree,  and  receives  all  its  nourishment  from  it.  It  is 
the  cape-stone  which  finishes  and  ornaments  the  build- 
ing that  rests  upon  Symbolic  Masonry.  Hence  there 
is  an  evident  dependence  of  the  higher  on  the  lower 
degrees,  while  the  latter  are  wholly  independent  of, 
and  may  exist  without  the  former. 

Again,  from  the  very  organization  of  the  two 
institutions,  a  Chapter  is  not  recognizable  as  a  Ma- 
sonic body,  by  a  symbolic  Lodge.  A  Master  Mason 
knows  technically,  nothing  of  a  Royal  Arch  Mason. 
In  the  language  of  the  Order,  "he  may  hear  him  & 


540  EXPULSION. 

to  be,  but  he  does  not  know  him  so  to  be/7  by  any 
of  the  modes  of  recognition  used  in  Masonry.  "  We 
cannot  conceive/'* •  say  the  Committee  of  Correspond 
ence  of  the  Grand  Lodge  of  Texas/7  by  what  sort 
of  legerdemain  a  Lodge  can  take  cognizance  of  the 
transactions  of  a  Chapter,  an  entirely  independent 
body/7*  But  Chapters,  on  the  other  hand,  are  neces- 
sarily cognizant  of  the  existence  and  the  proceedings 
of  Lodges,  for  it  is  oat  of  the  Lodges  that  the  Chap- 
ters are  constructed.  And,  if  a  Master  Mason  were 
expelled  from  the  rights  and  privileges  of  Masonry, 
and  if  this  expulsion  were  not  to  be  followed  by  a 
similar  expulsion  frcm  the  Chapter,  then  all  Master 
Masons  who  should  meet  the  expelled  Mason  in  the 
latter  body,  would  be  violating  the  law  by  holding 
Masonic  communicat:  on  with  him. 

Lastly,  under  the  present  organization  of  Masonry, 
Grand  Lodges  are  the  supreme  Masonic  tribunals 
over  all  Master  Masons,  but  exercise  no  jurisdiction 
over  Chapters,  Councils  or  Encampments.  If,  there- 
fore, expulsion  from  either  of  these  bodies  involved 
expulsion  from  the  Lodge,  then  the  right  of  the 
Grand  Lodge  to  hear  and  determine  causes,  and  to 
regulate  the  internal  concerns  of  the  institution 
would  be  interfered  with,  by  an  authority  outside 
of  its  organization,  and  beyond  its  control. 

The  law  may,  therefore,  be  explicitly  stated  in 

*  Proc.  G.  L.  of  Texas,  1854,  vol.  ii.  p.  47. — "  How  can  a  Lodge  or  any 
member  of  it  legally  know  what  has  been  done  in  a  Chapter  ?"  . . .  "A  mem- 
ber of  a  Lodge  has  no  right  to  know  on  what  charges  a  Royal  Arch  Mason 
has  been  tried.  Finally,  how  can  a  Master  Mason  ordy  know  a  Royal  Arch 
Mason,  as  such,  at  all?" — Ibid. 


EXPULSION.  541 

these  terms  :  suspension  or  expulsion  from  a  Chap- 
ter, Council,  or  Encampment,  does  not  involve  a 
similar  sentence  from  a  symbolic  Lodge.  But  sus- 
pension or  expulsion  from  a  Lodge,  carries  with  it, 
ex  necessitate,  suspension  or  expulsion  from  every 
higher  degree- 


CHAPTER  III. 
Restoration, 

HAVING,  in  the  two  preceding  chapters,  treated 
o*  Masonic  crimes,  and  of  the  punishments  which 
are  imposed  upon  the  perpetrators,  we  are  next  to 
inquire  into  the  method  by  which  a  mason  senten- 
ced to  any  punishment,  which  temporarily  or  per- 
manently severs  his  connection  with  the  Order,  may 
be  reinstated  into  any  or  all  of  his  former  rights 
and  privileges. 

Restoration,  as  the  reinstatement  of  an  excluded, 
suspended  or  expelled  Mason  to  his  rank  in  the 
Order,  is  techinally  called,  may  be  the  result  of 
either  one  of  two  entirely  distinct  processes.  It 
may  be  by  an  act  of  clemency  on  the  part  of  the 
Lodge,  or  the  Grand  Lodge,  consequent  upon,  and 
induced  by  the  repentance  and  reformation  of  the 
guilty  individual.  Or  it  may  be  by  a  reversal  of 
the  sentence  of  the  Lodge,  by  the  Grand  Lodge,  on 
account  of  illegality  in  the 'trial  or  injustice  in  the 
verdict. 

Restoration  by  the  first  method,  which  is  ex  gratia, 
or,  as  a  favor,  is  to  be  granted  on  petition,  while 
restoration  by  the  second  method,  which  is  e  delito 


RESTORATION.  545 

jiLstitice,  or  as  a  debt  of  justice,  is  to  be  granted  on 
appeal.  The  two  methods  may,  therefore,  be  briefly 
distinguished  as  restoration  on  petition  and  restora- 
tion on  appeal. 

In  the  consideration  of  this  subject,  each  of  these 
methods  of  restoration  will  require  to  be  occasion- 
ally borne  in  mind. 

In  the  case  of  permanent  exclusion,  or  erasure 
from  the  roll  of  the  Lodge,  the  party  is  placed  in  a 
peculiar  position.  He  is  no  longer  a  member  of 
the  Lodge,  and,  unless,  on  an  appeal,  he  can  prove 
that  he  has  been  unjustly  or  unconstitutionally 
stricken  from  the  roll,  he  can  be  restored  only  upon 
petition,  and  a  unanimous  acceptance,  as  in  the 
case  of  any  other  Mason  applying  for  membership. 
Membership  having  been  justly  forfeited,  can  only 
be  recovered  under  the  Regulations  of  1721,  which 
require  one  month's  notice  and  unanimous  consent. 

Hence,  when  a  member's  name  is  stricken  from 
the  roll,  for  non-payment  of  arrears,  he  cannot,  by 
the  mere  payment  of  the  indebtedness,  recover  his 
membership.  He  acquires,  by  this  payment,  a  right 
to  a  clearance  and  demit,  but  not  to  restored  mem- 
bership; for  the  exclusion  was  not  a  conditional  one, 
dependent  on  such  payment  for  its  termination,  but 
peremptory  and  unconditional.  He  was  stricken 
from  the  roll,  and  by  that  act  ceased  at  once  and 
for  ever  to  be  a  member  of  the  lodge,  as  much  so  as 
if  he  had  demitted. 

In  the  case  of  definite  suspension,  as  I  have 
already  remarked,  the  termination  of  the  period 


544  RESTORATION. 

specified  in  the  sentence  is  a  termination,  ipso  facto, 
of  the  suspension,  and  restoration  takes  place  with- 
out any  further  act  on  the  part  of  the  Lodge. 
Restoration,  on  petition  or  appeal,  may  take  place 
at  any  time,  by  a  vote  of  two-thirds  of  the  mem- 
bers, and  after  due  notice  given  of  the  intention  to 
restore. 

Restoration,  from  definite  suspension,  may  also 
be  made  by  the  Grand  Lodge,  on  appeal,  where  the 
act  of  the  subordinate  Lodge  is  reversed  on  account 
of  illegality,  or  wrongful  judgment;  and  such  resto- 
ration, of  course,  annuls  the  suspension,  and  restores 
the  party  to  his  former  position  in  the  Lodge. 

Restoration,  from  indefinite  suspension,  may  also 
take  place  in  the  same  way,  either  on  petition  or 
appeal.  But,  in  this  case,  due  notice  is  not  abso- 
lutely required  of  an  intention  to  move  for  a  resto- 
ration, although,  as  I  have  already  said,  courtesy 
should  induce  the  mover  to  give  notice.  Of  course, 
no  restoration,  either  from  definite  or  indefinite 
suspension,  upon  petition  or  appeal,  can  take  place, 
except  at  a  regular  meeting;  for,  as  the  sentence 
must  have  been  decreed  at  such  meeting,  the  Masonic 
rule  forbids  a  special  meeting  to  reverse  the  pro- 
ceedings of  a  regular  one. 

Restoration  from  expulsion  differs  from  restora- 
tion in  the  other  cases,  in  several  important  par- 
ticulars, which,  as  the  subject  is  now  exciting  much 
discussion  among  the  Grand  Lodges  of  this  country, 
require  a  careful  consideration. 

Tn  the  first  place  it  must  be  borne  in  mind,  that 


RESTORATION.  545 

expulsion  completely  severs  the  connection  of  tlie 
expelled  individual  with  the  fraternity  In  the  lan- 
guage of  Dr.  Oliver,  "  his  Masonic  status  vanishes, 
and  he  disappears  from  the  scene  of  Masonry,  as 
completely  as  the  ripple  of  the  sea  subsides  after 
the  stately  ship  has  passed  over  it."  *  This  condi- 
tion must  be  constantly  remembered,  because  it  has 
an  important  influence  on  the  effects  of  restoration. 
On  an  application  for  restoration  by  petition,  as 
a  favor,  on  the  showing  that  the  party  has  repented 
and  reformed,  that  he  has  abandoned  the  criminal 
course  of  conduct  for  which  he  was  expelled,  and 
is  now  leading  an  irreproachable  life,  the  Grand 
Lodge  may  ex  gratia,  in  the  exercise  of  its  clemency, 
extend  a  pardon  and  remit  the  penalty,  so  far  as  it 
refers  to  expulsion  from  the  Order.  But  in  this 
case,  as  there  is  no  question  of  the  original  justice 
of  the  sentence  nor  of  the  legality  of  the  trial,  the 
pardon  of  the  Grand  Lodge  will  not  and  cannot 
restore  the  brother  to  membership  in  the  Lodge. 
And  the  reason  of  this  is  plain.  The  act  of  the 
Lodge  is  admitted  to  have  been  legal.  Now,  while 
this  act  dissevered  his  connection  with  the  Order, 
it  also  cancelled  his  membership  in  the  Lodge.  He 
is  no  longer  a  member  either  of  the  Order  or  of  the 
Lodge.  The  Grand  Lodge  may  restore  him  to  the 
former,  it  may  restore  him  to  his  rights  as  a  Mason. 

*  Institutes  of  Masonic  Jurisprudence,  p.  258:  London,  1859.  Of  this 
wort,  which  has  just  been  issued  by  Bro.  SPENCER,  I  regret  that  I  have  re- 
ceived from  the  publisher  a  copy,  only  while  composing  these  last  chapters, 
Could  I  have  had  earlier  access  to  it,  it  would  have  afforded  mo  much  valih 
a  Me  information  on  tho  subject  of  English  Masonic  law. 


546  RESTORATIOX. 

but  it  must  be  as  an  unaffiliated  one,  because,  hav 
ing  by  this  very  act  of  clemency,  admitted  that  he 
legally  and  constitutionally  lost  his  membership,  it 
cannot  compel  the  Lodge  to  admit  him  again,  con- 
trary to  its  wishes,  into  membership,  for  no  man  can 
be  admitted  a  member  of  a  Lodge,  without  the 
unanimous  consent  of  all  present.  Nor  can  the 
Grand  Lodge  interfere  with  this  inherent  right  of 
every  Lodge  to  select  its  own  members.  Let  it  be 
thoroughly  understood  that  the  incompetence  of  the 
Grand  Lodge,  in  this  case,  to  restore  to  member- 
ship, is  fc  mded  on  the  admission  that  the  original 
sentence  was  a  just  one,  the  trial  legally  conducted, 
the  testimony  sufficient  and  the  punishment  not 
oppressive.  The  Grand  Lodge  says,  in  an  instance 
like  this,  to  the  petitioner,  "  We  are  induced  b} 
your  present  reform  to  pardon  your  past  conduct 
and  to  restore  you  once  more  to  the  Order;  but,  a^ 
you  were  ju?tly  expelled  from  your  Lodge,  and  are 
no  longer  a  member,  we  have  no  power  to  force  you 
upon  it.  We  give  you,  however,  by  a  restoration 
to  your  Masonic  status,  the  privilege  that  all  other 
unaffiliated  Masons  possess,  of  applying  to  it  by  peti- 
tion for  admission,  with  the  understanding  that  you 
must,  as  in  all  such  cases,  submit  to  the  ordeal  of  a 
ballot,  but  with  the  result  of  that  ballot  we  cannot 
interfere." 

But,  in  the  case  of  a  restoration  by  appeal,  a  dif- 
ferent condition  of  things  ensues.  Here  there  is  no 
petition  for  pardon  of  an  offence  committed — no 
admission  of  the  legality  of  trial — no  acknowled.ir 


RESTORATION.  547 

ment  of  the  justice  of  the  sentence  inflicted.  But, 
on  the  contrary,  all  of  these  are  in  the  very  terms 
of  the  appeal  denied.  The  claim  is  not  for  clemency, 
but  for  justice — not  for  a  remission  of  deserved  pun- 
ishment, but  for  a  reversal  of  an  iniquitous  sentence* 
and  the  demand  is,  that  this  reversal  shall  not  be  de- 
creed ex  gratia,  as  a  favor,  but  debito  justitice,  by 
virtue  of  a  claim  justly  established.  Now,  in  this 
case  it  is  evident  that  the  rules  governing  the  resto- 
ration must  entirely  differ  from  those  which  con- 
trolled the  former  class  of  cases. 

The  principle  which  I  lay  down  on  this  subject  is, 
that  when  a  Lodge  has  wrongfully  deprived  a  Ma- 
son of  his  membership,  by  expulsion  from  the  Order, 
the  Grand  Lodge,  on  his  appeal,  if  it  shall  find  that 
the  party  is  innocent,  that  wrong  has  been  inflicted, 
that  by  the  sentence  the  laws  of  the  institution,  as 
well  as  the  rights  of  the  individual,  have  been  vio- 
lated, may,  on  his  appeal,  interpose  and  redress  the 
wrong,  not  only  by  restoring  him  to  his  rights  and 
privileges  as  a  Mason,  but  also  to  membership  in  the 
Lodge.  This,  it  seems  to  me,  is  the  true  principle, 
not  only  of  Masonic  law,  but  also  of  equity.  If  a 
brother  be  innocent,  he  must  be  restored  to  every- 
tiling  tf  whic  i  an  unjust  sentence  had  deprived  him — • 
to  membership  in  his  Lodge,  as  well  as  to  the  gene- 
ral rights  of  Masonry.  I  think  that  I  was  the  first 
to  contend  for  this  principle  as  a  doctrine  of  Ma- 
sonic law,  although  it  had  always  been  recognized 
by  the  Grand  Lodge  of  England,  and  in  this  country 
bv  that  of  South  Carolina.  At  first  there  was  a 


5-18  RESTORATION. 

rery  general  opposition  to  the  doctrine,  and  tho 
grounds  of  objection  were  singularly  based  on  a 
total  misapprehension  of  that  article  in  the  Regula- 
tions of  1721,  which  declares  that  "  no  one  can  be 
admitted  a  member  of  any  particular  Lodge  without 
the  unanimous  consent  of  all  the  members  of  that 
Lodge  then  present" — a  provision  which  the  same 
article  asserts  to  be  "  an  inherent  privilege, not  sub- 
ject to  dispensation." 

I  have  said  that  the  application  of  this  regulation 
to  the  doctrine  of  restoration  from  expulsion,  by  ap- 
peal, is  a  total  misapprehension  of  its  meaning,  be- 
cause the  question  is  not,  in  these  cases,  as  to  the 
admission  of  a  new  member,  with  which  it  is  not 
denied  that  the  Grand  Lodge  cannot  interfere,  but 
whether  one  who  is  already  a  member  shall  be  di- 
vested of  his  franchised  rights  of  membership  wi  th- 
out  cause. 

It  is  admitted  on  all  sides  that  where  the  restora- 
tion is  made  on  petition,  simply  as  an  act  of  cle- 
mency, in  which  case  the  forfeiture  of  membership 
is  acknowledged  to  have  been  justly  and  legally  in- 
curred, the  Grand  Lodge  cannot  restore  to  member- 
ship, because  by  its  act  of  clemency  it  admits  that 
the  brother  is  not  a  member  of  the  Lodge,  and  it 
cannot  intrude  him  on  the  Lodge  without  its  con- 
sent. I  say  that  it  admits  this  by  its  act  of  cle- 
mency, because  if  he  were  not  justly  deprived  of  his 
membership,  there  would  have  been  no  room  for 
clemency.  Pardon  is.  for  the  guilty,  not  for  the 
innocent. 


RESTORATION.  549 

But  when  it  is  proved  that  the  trial  was  illegally 
conducted — that  the  testimony  was  insufficient — 
that  the  offence  was  not  proved — that  the  brother 
was  innocent,  and  therefore  unjustly  condemned — 
who  will  dare  to  say  that  a  Lodge  may  thus,  by  an 
arbitrary  exercise  of  power,  inflict  this  grievous 
wrong  on  a  brother,  and  that  the  Grand  Lodge  has 
not  the  prerogative,  as  the  supreme  protector  of 
the  rights  of  the  whole  fraternity,  to  interpose  its 
superior  power,  and  give  back  to  injured  innocence 
all  that  iniquity  or  injustice  would  have  deprived  it 
of?  Who  will  dare  to  say,  in  the  face  of  the  great 
principles  of  justice  and  equity,  that  though  inno- 
cent, a  Mason  shall  receive  but  a  portion  of  the  re- 
dress to  which  he  is  entitled? — and  that  he  shall 
be /sent  from  t4ie  interposing  shield  of  the  supreme 
authority  and  highest  court  of  justice  of  the  Order, 
not  protected  in  his  innocence  and  restored  to  his 
rights,  but  as  an  innocent  man,  sharing  in  the 
punishment  which  should  only  be  awarded  to  the 
guilty?  I,  for  one,  never  have  subscribed,  and 
ne^ver  will  subscribe,  to  a  doctrine  so  full  of  arbi- 
trary oppression  and  injustice,  and  which,  if  it 
really  constituted  Masonic  law,  would  be  to  every 
honest  man  the  crying  reproach  of  the  institution. 

I  have  said  that  when,  several  years  ago,  I  first 
advanced  this  doctrine  of  the  competency  of  the 
Grand  Lodge  to  grant  an  unconditional  restoration 
to  membership,  it  met  with  very  general  condemn*1 
tion.  Here  and  there  a  solitary  voice  was  heard 
in  its  defence,  but  officially  it  was  almost  imiver* 


550  RESTORATION. 

sally  condemned  as  an  infringement  on  the  rights 
of  Lodges.  The  rights  of  members  do  not  seem,  on 
those  occasions,  to  have  been  at  all  considered.* 

But  the  doctrine  is  now  gaining  ground.  In 
1857,  the  Grand  Lodge  of  Missouri  carried  it  into 
practical  operation,  and  ordered  that  one  of  its 

*  Tbe  first  support  that  was  given  to  these  views  was  by  my  distinguished 
friend,  ALBERT  PIKE,  whose  remarks  on  the  question,  in  his  report  in  1854, 
to  the  Grand  Lodge  of  Arkansas,  I  cannot  refrain  from  citing  in  a  note. 

"  If,  in  case  of  trial  and  conviction,  suspension  or  expulsion  from  tho 
rights  and  benefits  of  Masonry  is  adjudged,  that  includes,  as  a  part  of  itself, 
suspension  or  expulsion  from  membership.  If,  on  appeal,  the  Grand  Lodge 
reverses  the  decision  of  the  subordinate,  on  the  ground  of  error  in  proceeding,, 
or  innocence,  that  reversal  annuls  the  judgment,  and  it  is  as  if  never  pro- 
nounced— non  avenu :  consequently  it  has  no  effect  whatever — and,  in 
Masonic  law,  the  matter  stands  as  if  no  such  judgment  had  ever  been  ren- 
dered. The  accused  is  not  restored  to  the  Order,  nor  to  membership.  The 
eflect  of  reversal  is,  that  he  was  never  suspended  or  expelled  at  all,  in  law  : 
and  there  is  no  power  in  the  Grand  Lodge,  either  bythe  judgment  or  by 
previous  legislation,  to  give  such  judgment  of  reversal  any  other  or  lesa 
eflect. 

"  If  the  Grand  Lodge  tries  the  case  de  novo,  and  adjudges  the  party  inno- 
cent, of  course  it  must  annul  the  judgment  of  the  subordinate  Lodge  in  lolo  ; 
and  if  the  suspension  from  membership  resulted  solely  from  that  judgment 
there  never  was,  in  law,  any  suspension. 

"  If  it  merely  decides  that  the  proceedings  were  erroneous,  it  should  send 
the  case  back  for  another  trial ;  if  it  decides  that  the  testimony  was  insuf- 
ficient to  establish  guilt,  it  should  reverse  and  annul,  and  direct  the  proceed- 
ings to  be  dismissed.  In  either  case  the  judgment  is  annulled  ;  but  in  one 
case  the  proceeding  continues,  and  in  the  other  it  does  not. 

"  But  the  Grand  Lodge  may  find  such  a  case  as  that  the  offence  was  pro- 
ven, and  the  proceedings  were  regular,  except  as  to  the  judgment,  which 
should  have  been  limited  to  suspension  from  membership.  In  that  case  it 
may  partially  reverse  and  reduce  the  sentence  to  its  proper  dimensions.  It 
can  only  do  that  when  the  offence  charged,  or  a  minor  one  included  in  it,  is 
established,  but  the  punishment  of  suspension  or  expulsion  from  the  rights 
and  privileges  of  Masonry  cannot  be  inflicted  for  such  an  offence. 

"  These  principles  of  Masonic  law  seem  to  us  so  palpably  plain  and  cor- 
rect as  to  need  no  argument ;  and  if  violated  anywhere,  we  hope  to  see  the 
ancient  Landmarks  set  up  again  in  this  respect." 


RESTORATION.  551 

Lodges  should  restore  an  expelled  brotrer  to  mem- 
bership, under  penalty  of  arrest  of  charter. 

In  the  same  year,  the  doctrine  was  virtually  in- 
dorsed by  the  Grand  Lodge  of  Kentucky,  in  its  ap- 
probation of  the  course  of  its  Grand  Master,  in 
deciding  that  a  brother  who  appealed  from  expul- 
sion, and  after  a  new  trial,  had  been  acquitted, 
should  be  restored  to  membership,  notwithstanding 
the  opposition  of  the  Lodge  to  his  re-admission. 

And  lastly,  in  1858,  the  Grand  Lodge  of  Missis- 
sippi has  entered  into  the  earnest  consideration  of 
the  question  ;  and  an  able  report  has  been  made  to 
that  body  by  Bro.  G.  M.  Hillyer,  one  of  the  most 
enlightened  Masons  in  America,  who  has  eloquently 
and  manfully  supported  the  hitherto  unpopular  doc- 
trine for  which  I  have  been  so  long  contending. 
From  this  eloquent,  as  well  as  logical  report,  I  shall 
cite  a  single  paragraph,  with  which  to  conclude  the 
subject. 

Speaking  of  the  appeal  made  by  a  brother  expel- 
led from  the  rights  and  privileges  of  Masonry,  and 
concomitantly  from  membership  in  his  Lodge,  Bro. 
Hillyer  says  :  "  The  Grand  Lodge  perhaps  acquits 
him,  and  then  it  is,  under  the  present  system,  that 
his  punishment  commences.  Whatever  the  final 
verdict  and  decision,  the  accused  brother  has  to 
undergo  a  penalty.  If  innocent,  the  smiting  is  not 
to  be  with  as  many  stripes,  it  is  true  ;  but  why  with  - 
any  ?  What  punishment  has  an  innocent  man  de- 
served ?  If  he  is  in  the  right,  and  his  accusers  have 
been  in  the  wrong,  what  justice  is  there  in  saying 


552  RESTORATION. 

that  he  shall  only  be  deprived  of  half  his  privileges  ? 
Why  deprive  him  of  any  in  that  case  ?  Why  punish 
the  innocent?  Why,  above  all,  have  a  law  that 
makes  the  very  tribunal  that  vindicates  the  inno- 
cence of  the  accused,  accompany  that  vindication 
with  punishment?  There  is  no  justice,  there  can  be 
no  expediency  in  such  a  course."* 

The  time  will  yet  come,  1  am  sure,  and  the  expec- 
tation is  made  more  certain  by  such  aid,  when  the 
universal  suffrage  of  the  fraternity  will  confess  the 
law  to  be  as  I  have  announced  it,  that  in  case  of 
unjust  expulsion,  the  Grand  Lodge  may  restore  an 
innocent  brother,  not  only  to  the  rights  and  privi- 
leges of  Masonry,  but  also  to  membership  in  his 
Lodge. 

Lastly,  a  Grand  Lodge  may  restore  in  part,  and 
not  in  whole.  It  may  mitigate  the  amount  of  pun- 
ishment, as  being  too  severe  or  disproportioned  to 
the  offence. t  It  may  reduce  expulsion  to  suspen- 
sion, and  indefinite  to  definite  suspension,  or  it  may 
abridge  the  period  of  the  last.  But  all  these  are 
matters  of  justice  and  expediency,  to  be  judged  of 
by  the  Grand  Lodge,  according  to  the  particular 
circumstances  of  each  case. 

*  Troc.  G.  L.  of  Miss.,  1858,  p.  69. 

t  Noxice,  poma  par  esto — "  let  the  punishment  be  equal  to  the  offence," 
is  a  maxim  of  strict  justice,  common  to  the  Masonic,  as  well  as  to  every  code 
of  law ;  and  hence  an  oppressive  and  disproportioned  penalty  affords  gooO 
ground  for  an  appeal. 


CHAPTER    TV. 


THE  penal  jurisdiction  of  Masonic  bodies  is  that 
jurisdiction  which  is  exercibod  by  them  for  the  in 
vestigation  of  offences  arid  the  award  of  punish- 
ment. The  subject  is  properly  divided  into  two 
sections  —  the  one  relating  to  the  penal  jurisdiction 
of  Grand  Lodges,  the  other  to  that  of  Subordinate 
Lodges.  The  penal  jurisdiction  of  Grand  Lodges 
has  already  beep  fully  considered  under  the  head 
of  the  "Judicial  Powers"  of  those  bodies,  so  that  it 
only  remain?  here  to  inquire  into  the  penal  jurisdic- 
tion which  is  exercised  by  subordinate  Lodges. 

The  penal  jurisdiction  of  a  subordinate  Lodge  is 
both  geographical  and  personal. 

The  geographical  jurisdiction  of  a  Lodge  is  that 
penal  jurisdiction  which  it  exercises  over  the  terri- 
tory within  which  it  is  situated,  and  extends  to  all 
the  Masons,  affiliated  and  unaffiliated,  who  live 
within  that  territory. 

As  to  the  local  extent  of  this  jurisdiction,  it  is 
universally  supposed  to  extend  to  a  point  equally 
distant  from  the  adjacent  Lodge.  Thus,  if  two 
Lodges  are  situated  within  twenty  miles  of  each 

24 


554  PENAL  JURISDICTION. 

other,  the  geographical  jurisdiction  of  each  will  PX- 
tend  ten  miles  from  its  seat  in  the  direction  of  the 
other  Lodge.  But  in  this  case  both  Lodges  must  he 
situated  in  the  same  State,  and  hold  their  warrants 
from  the  same  Grand  Lodge ;  for  it  is  a  settled 
point  of  Masonic  law  that  no  Lodge  can  extend 
its  geographical  jurisdiction  beyond  the  territorial 
limits  of  its  own  Grand  Lodge. 

Thus,  if  of  two  Lodges,  twenty  miles  distant  from 
each  other,  one  is  situated  in  Georgia,  live  miles 
from  the  boundary  line  between  that  State  and 
Alabama,  and  the  other  in  Alabama,  fifteen  miles 
from  the  same  line,  then  the  jurisdiction  of  the 
Georgia  Lodge  will  not  cross  over  the  boundary, 
but  will  be  restricted  to  the  five  miles  which  are 
between  it  and  the  line,  while  thefifteen  miles  which 
are  between  that  line  and  the  Alabama  Lodge,  will 
be  within  the  penal  jurisdiction  of  the  latter  body. 

The  personal  jurisdiction  of  a  Lodge  is  that  pena) 
jurisdiction  which  it  exercises  over  its  own  mem- 
bers, wherever  they  may  be  situated.  No  matter 
how  far  a  Mason  may  remove  from  the  Lodge  of 
which  he  is  a  member,  his  allegiance  to  that  Lodge 
is  indefeasible,  so  long  as  he  continues  a  member, 
and  it  may  exercise  penal  jurisdiction  over  him. 

With  this  view  of  the  nature  of  the  two  kinds  oi' 
penal  jurisdiction  exercised  by  Lodges,  we  are  pre- 
pared to  investigate  the  practical  application  of  the 
subject. 

1.  A  Lodge  exercises  penal  jurisdiction  over  all 
Us  members.  The  old  Charges  require  every 


PENAL    JURISDICTION.  555 

to  "stand  to  the  award  and  determination  of  the 
Lodge  ;"  that  is  to  say,  the  Lodge  of  which  he  is  a 
member,  and  the  rights  and  privileges,  as  well  as  the 
Masonic  protection  secured  by  such  membership, 
carry  with  them  a  corresponding  duty  of  allegiance 
and  obedience.  This  doctrine  is  not  left  to  mere 
'  deduction,  but  is  supported  by  the  ritual  law,  which 
imposes  on  every  Mason,  in  the  most  solemn  man- 
ner, an  obligation  to  abide  by  and  obey  the  by-laws, 
rules  and  regulations  of  the  Lodge,  of  which  he  is  a 
member.  Membership  in  a  Lodge  can  only  be 
voided  by  death,  demission,  or  expulsion,  and  hence 
neither  it  nor  the  jurisdiction  which  it  communi- 
cates is  lost  by  a  change  of  residence. 

The  Master  of  a  Lodge  is  the  only  one  of  its 
members  who  is  not  amenable  to  the  jurisdiction  of 
the  Lodge.  There  is  no  principle  of  Masonic  law 
more  completely  settled  by  the  almost  universal  con- 
sent of  the  fraternity,  than  that  which  declares  that 
a  Master  cannot  be  tried  by  his  Lodge.  It  may  be- 
come his  accuser,  but  to  the  Grand  Lodge  alone  is 
he  amenable  for  any  offence  that  he  may  commit 
while  in  office. 

In  like  manner,  the  Grand  Master,  while  holding 
that  office,  is  not  within  the  penal  jurisdiction  of 
the  Lodge,  of  which  he  is  a  member. 

2.  A  Lodge  exercises  penal  jurisdiction  over  all 
affiliated  Masons,  although  not  its  members,  who 
live  within  its  territorial  limits.  A,  for  instance, 
being  a  member  of  a  Lodge  in  New  York,  but  living 
in  the  vicinity  of  a  Lodge  in  Florida,  i?  amenable 


556  PENAL   JURISDICTION. 

to  the  jurisdiction  of  both  bodies  ;  to  the  former 
by  personal  jurisdiction,  to  the  latter  by  geographi- 
cal. And  this  is  a  wise  provision  of  the  law  ;  for 
A,  living  at  a  great  distance  from  his  own  Lodge, 
might  conduct  himself  in  so  disorderly  a  manner, 
violating  the  proprieties  of  life,  and  transgressing 
habitually  the  moral  law,  as  to  bring  great  reproach 
upon  the  institution  of  which  he  is  a  member.  Now; 
his  distance  from  his  own  Lodge  would,  in  ail 
probability,  prevent  that  body  from  acquiring 
any  knowledge  of  the  evil  course  he  is  pursuing, 
or  if  cognizant  of  it  by  report,  it  might  find  great 
difficulty  in  proving  any  charge  based  upon  such 
report. 

The  Order,  therefore,  under  the  great  law  o  'self 
preservation,  commits  to  the  Lodge  in  Florida,  in 
whose  vicinity  he  is  living,  and  whose  good  fame  is 
most  affected  by  his  conduct,  the  prerogative  of 
trying  and  punishing  him  ;  so  that  the  world  shall 
not  say  that  a  bad  Mason  can  lead  a  disorderly  life, 
and  violate  the  law,  under  the  very  eyes  of  his  con- 
gregated brethren,  and  yet  receive  no  reproof  for 
his  criminality.  And  if  expulsion  is  the  result  of 
such  trial,  that  expulsion,  by  the  Lodge  in  Florida, 
carries  with  it  expulsion  from  his  own  Lodge  in 
New  York  ;  for,  if  the  premises  are  not  denied  that 
the  Lodge  in  Florida  can  rightfully  exercise  penal 
jurisdiction,  then  the  conclusion  follows,  that  that 
expulsion  must  be  legal.  But  expulsion  annuls  all 
Masonic  status  and  obliterates  Masonic  existence, 
and  the  Mason,  whoever  he  may  be,  that  lias  been 


PENAL   JURISDICTION.  557 

legally  expelled  by  one  Lodge,  can  never  receive 
admission  into  another. 

The  appeal  in  such  a  case  will  be,  not  to  the 
Grand  Lodge  of  New  York,  but  to  that  of  Florida, 
for  that  body  alone  can  investigate  matters  or  re- 
dress grievances  arising  within  its  own  territory, 
and  in  one  of  its  own  subordinates. 

3.  Lastly,  a  Lodge  may  exercise  penal  jurisdic- 
tion over  all  unaffiliated  Masons  living  within  its 
territorial  limits.  This  provision  of  Masonic  law  is 
founded  on  the  same  prudent  principle  of  self-pre- 
servation as  the  former.  An  unaffiliated  Mason 
must  not  be  permitted,  for  want  of  jurisdiction  over 
him,  to  clo  in  his  connection  with  the  Order,  and 
yet,  by  an  irregular  course  of  life,  to  bring  discredit 
on  it.  The  jurisdiction  must  exist  somewhere, 
which  will  remove  such  an  evil,  and  vindicate  the 
institution  ;  arid  nowhere  can  it  be  more  safely  or 
appropriately  deposited  than  in  the  Lodge  which  is 
nearest  to  his  residence,  and  which  must  conse- 
quently have  the  best  opportunity  of  observing  and 
judging  of  his  conduct. 


CHAPTER   V. 
ftt  a  s  o  n  f  c    C  r  t  n  I  s . 

IT  is  (l,c  duty  of  a  judge,  says  the  great  Roman 
orator,  in  every  cause  to  seek  for  truth.*  This  is 
the  great,  the  only  object  of  a  Masonic  trial,  and 
hence,  in  such  a  trial,  no  advantage  is  ever  permitted 
to  be  taken  of  those  legal  and  verbal  technicalities, 
the  use  of  which,  in  profane  courts,  so  often  enable 
the  guilty  to  escape.  This  great  principle  of  Ma- 
sonic law  must  never  be  forgotten  in  the  manage- 
ment of  a  trial.  Every  part  of  the  investigation  is 
to  be  directed  with  a  single  view  to  the  acquisition 
of  truth.  Masonic  trials  are  therefore  to  be  con- 
ducted in  the  simplest  and  least  technical  method, 
that  will  preserve  at  once  the  rights  of  the  Order 
and  of  the  accused,  and  which  will  enable  the  Lodge 
to  obtain  a  thorough  knowledge  of  all  the  facts 
in  the  case.  The  rules  by  which  such  trials  are 
governed  are  few  and  easily  understood. 

1.  The  preliminary  step  in  every  trial  is  the  ac- 
cusation. This,  in  Masonic  language,  is  called  th<3 
charge. 

*  "  Judicis  est,  semper  io  eausis  verum  sequi.'' — Cic.  de  Off.  ii.  14, 


MASONIC   TRIALS.  559 

The  charge  should  always  be  made  in  writing, 
.-signed  by  the  accuser,  delivered  to  the  Secretary 
and  read  by  that  officer  at  the  next  regular  com- 
munication of  the  Lodge.  The  accused  should  then 
be  furnished  with  an  attested  copy  of  the  charge, 
and  be  at  the  same  time  informed  of  the  time  and 
place  appointed  by  the  Lodge  for  the  trial. 

In  reference  to  these  preliminary  steps,  it  is  neces- 
sary to  make  several  remarks. 

The  charge  should  set  forth  the  offence  with 
clearness  and  certainty,  and  hence  it  must  distinctly 
specify  the  nature  of  the  offence  ;  and  if  confined  to 
a  single  transaction,  the  time  and  place  of  its  com 
mission  should  be  named.  A  general  charge,  for 
instance,  of  "  unmasonic  conduct"  should  also  specify 
the  particular  nature  of  the  conduct  which  is  said  to 
be  unmasonic  ;  for  no  one  can  be  expected  to 
answer  to  so  general  an  accusation,  nor  to  be  pre- 
pared with  evidence  to  rebut  that  of  which  he  is 
ignorant.  No  man,  in  a  legal  investigation,  should 
be  taken  by  surprise  ;  but  there  is  no  more  certain 
mode  of  doing  so  than  to  call  upon  him  to  answer 
to  an  indefinite  charge,  the  particulars  of  which  are 
only  to  be  made  known  at  the  moment  of  trial. 

The  charge  should  be  delivered  to  the  Secretary, 
and  by  him  read  to  the  Lodge,  because  it  thus  be- 
comes the  property  of  the  Lodge,  and  is  not  sub- 
jected, as  it  would  be,  if  retained  in  the  possession 
of  the  accuser,  to  alterations  or  amendments,  which 
would  alter  its  character,  either  in  word  or  spirit. 
A.  charge  having  been  once  made,  should  retain  its 


560  MASONIC    TRIALS. 

original  form,  find  cannot  be  amended,  except  with 
the  consent  of  the  Lodge  and  the  knowledge  of  the 
accused.  For  a  similar  reason  the  charge  should 
always  be  made  in  writing.  An  oral  charge  must 
never  be  received. 

It  must  be  read  at  a  regular  communication,  be- 
cause it  is  to  be  presumed  that  at  such  communica- 
tions all  the  members,  and  among  them  the  accused, 
will  be  present,  whereas  the  Lodge  might  be  taken 
oy  surprise  if  a  charge  were  preferred  at  a  special 
communication,  which  is  often  thinly  attended,  and 
at  which  no  new  business  of  importance  is  expected 
to  be  transacted. 

Any  Master  Mason  may  be  the  accuser  of  another, 
but  a  profane  cannot  be  permitted  to  prefer  charges 
against  a  Mason.  Yet,  if  circumstances  are  known 
to  a  profane  upon  which  charges  ought  to  be  predi- 
cated, a  Master  Mason  may  avail  himself  of  that  in- 
formation, and  out  of  it  frame  an  accusation,  to  be 
presented  to  the  Lodge.  And  such  accusation  will 
be  received  and  investigated,  although  remotely  de- 
rived from  one  who  is  not  a  member  of  the  Order. 

It  is  not  necessary  that  the  accuser  should  be  a 
member  of  the  same  Lodge.  It  is  sufficient  if  he  ie 
an  affiliated  Mason.  I  say  an  affiliated  Mason  ;  for 
it  is  generally  held,  and  I  believe  correctly,  that  an 
unaffiliated  Mason  is  no  more  competent  to  prefer 
charges  than  a  profane. 

2.  If  the  accused  is  living  beyond  the  geographi- 
cal jurisdiction  of  the  Lodge,  the  charges  should  be 
communicated  to  him  by  means  of  a  letter  through 


MACOXIC   TRIALS.  5G1 

tlio  post-office,  and  a  reasonable  time  should  be 
allowed  for  his  answer,  before  the  Lodge  proceeds 
to  trial.  But  if  his  residence  be  unknown,  or  if  it 
be  impossible  to  hold  communication  with  him,  the 
Lodge  may  then  proceed  to  trial — care  being  had 
that  no  undue  advantage  be  taken  of  his  absence, 
and  that  the  investigation  be  as  full  and  impartial 
as  the  nature  of  the  circumstances  will  permit. 

3.  The  trial  must  commence  at  a  regular  com- 
munication, for  reasons  which  have  already  been 
stated  ;  but  having  commenced,  it  may  be  continued 
at  special  communications,  called  for  that  purpose ; 
for,  if  it  was  allowed  only  to  be  continued  at  regu- 
lar meetings,  which  take  place  but  once  a  month, 
the  long  duration  of  time  o:cupied  would  materially 
tend  to  defeat  the  ends  of  justice.     And  here  no 
one  can  complain  of  surprise  ;  for  the  inception  of 
the  trial  having  taken  place  at  a  regular  communica- 
tion, all  the  subsequent  special  communications  would 
be  considered  only  as  continuations  of  the  same 
meeting. 

4.  The  Lodge  must  be  opened  in  the  highest  de- 
gree to  which  the  accuser  has  attained,  and  the  ex*- 
aniinations  of  all  witnesses  must  take  place  in  the 
presence  of  the  accused  and  the  accuser,  if  they  de- 
sire it.*    It  is  competent  for  the  accused  to  employ 
counsel  for  the  better  protection  of  his  interests, 

*  The  Grand  Lodge  of  New  York  prescribes  that  the  trial  shall  be  con- 
ducted by  a  committee,  called  a  commission.  A  few  other  Grand  Lodges 
have.  I  believe,  the  same  rule.  It  is  of  course  competent  for  a  Grand  Lodge 
to  make  such  a  regulation,  but  I  am  of  opinion  that  it  is  a  better  cr urse  foi 
the  Lodge  itself  to  conduct  the  trial,  and  this  is  the  more  usual  course. 

9,4* 


562  MASONIC   TRIALS. 

provided  such  counsel  is  a  Master  Mason.  But  if 
the  counsel  be  a  member  of  the  Lodge,  he  forfeits, 
by  his  professional  advocacy  of  the  accused,  the 
right  to  vote  at  the  final  decision  of  the  question. 

5.  The  final  decision  of  the  charge,  and  the  rend- 
ering of  the  verdict,  whatever  be  the  rank  of  the 
accused,  must  always  be  made  in  a  Lodge  opened  on 
the  third  degree  ;  and  at  the  time  of  such  decision, 
both  the  accuser  and  the  accused,  as  well  as  his 
counsel,  if  he  have  any,  should  withdraw  from  the 
Lodge. 

6.  It  is  a  general  and  an  excellent  rule,  that  no 
visitors  shall  be  permitted  to  be  present  during  a 
trial. 

7.  The  testimony  of  Master   Masons  is  usually 
taken   on    their   honor,  as   such.     That   of  others 
should  be  by  affidavit,  or  in  such  other  manner  as 
both  the  accuser  and  accused  may  agree  upon. 

8.  The  testimony  of  profanes,  or  of  those  who  are 
of  a  lower  degree  than  the  accused,  is  to  be  taken  by 
a  committee  and  reported  to  the  Lodge,  or,  if  con- 
venient, by  the  whole  Lodge,  when  closed  and  sit- 
ting as  a  committee.     But  both  the  accused  and 
the   accuser   have  a  right  to  be  present  on   such 
occasions. 

There  can  be  no  doubt  that  profanes  are  compe- 
tent witnesses  in  Masonic  trials.  If  their  testimony 
was  rejected,  the  ends  of  justice  would,  in  many  in- 
stances, be  defeated  ;  for  it  frequently  happens  that 
the  most  important  evidence  of  a  fact  is  only  to  be 
obtained  from  such  persons.  The  great  object  of 


MASONIC   TRIALS.  563 

the  trial  is  to  investigate  the  truth  and  to  adminis- 
ter justice,  and  no  method  should  be  rejected  by 
which  those  objects  can  be  attained.  Again  :  there 
may  be  cases  in  which  the  accused  is  able  to  prove 
his  innocence  only  by  the  testimony  of  profanes  ; 
and  surely  no  one  would  be  willing  to  deprive  him 
of  that  means  of  defence.  But  if  the  evidence  of 
profanes  for  the  accused  is  to  be  admitted,  on  ac- 
count of  its  importance  and  necessity,  by  a  parity 
of  reasoning,  it  should  be  admitted  when  and  in  be- 
half of  the  accuser.  The  testimony  which  is  good 
in  one  case  must  be  good  in  the  other. 

9.  When  the  trial  is  concluded,  the  accuser  and 
the  accused  must  retire,  and  the  Master  will  then 
put  the  question  of  guilty,  or  not  guilty,  to  the 
Lodge.  Masonic  authorities  differ  as  to  the  mode 
in  which  the  vote  is  to  be  taken.  In  England,  it  is 
done  by  a  show  of  hands.  The  Grand  Lodges  of 
Ohio  and  South  Carolina  require  it  to  be  by  ballot, 
and  that  of  California  by  each  brother,  as  his  name 
is  called,  rising  and  giving  his  answer  "in  a  distinct 
and  audible  manner."  I  confess,  that  in  this  di- 
versity of  authorities,  I  am  inclined  to  be  in  favor 
of  the  vote  by  ballot,  as  the  independence  of  opinion 
is  thus  Letter  secured  ;  for  many  a  man  who  con- 
scientiously believed  in  the  guilt  of  the  accused, 
might  be  too  timid  to  express  that  opinion  openly. 
Not  lesrt,  I  think,  than  two-thirds  of  the  votes  should 
be  required  to  declare  the  accused  guilty.  A  bare 
majority  is  hardly  sufficient  to  divest  a  brother  of 
his  good  character,  and  render  him  subject  to  what 


564  MASONIC   TRIALS. 

may  perhaps  be  an  ignominious  punishment.     But 
on  this  subject  the  authorities  differ. 

10.  If  the  verdict  is  guilty,  the  Master  must  then 
put  the  question  as  to  the  nature  and  extent  of  the 
punishment  to  be  inflicted,  beginning  with  expulsion 
and  proceeding,  if  necessary,  to  indefinite  suspen- 
sion and  public  and  private  reprimand.  To  inflict 
expulsion  or  suspension,  a  vote  of  two-thirds  of 
those  present  is  required,  but  for  a  mere  reprimand, 
a  majority  will  be  sufficient.  The  votes  on  the 
nature  of  the  punishment  should  be  viva  voce,  or 
rather,  according  to  Masonic  usage,  by  a  show  of 
hands. 

Trials  in  a  Grand  Lodge  are  to  be  conducted  on 
the  same  general  principles  ;  but  here,  in  conse- 
quence of  the  largeness  of  the  body,  and  the  incon 
venience  which  would  result  from  holding  the 
examinations  in  open  Lodge,  and  in  the  presence  of 
all  the  members,  it  is  more  usual  to  appoint  a  com- 
mittee, before  whom  the  case  is  tried,  and  upon 
whose  full  report  of  the  testimony  the  Grand  Lodge 
bases  its  action.  And  the  forms  of  trial  in  such 
committees  must  conform,  in  all  respects,  to  the 
general  usage  already  detailed. 


INDEX. 


A. 

Advancement  ex  Candidates         ...  .                    \fo 

Affiliation,  Right  of 19«S 

Appeal  from  the  Lodge         ....  .                    245s 

"     Master 5M9 

"      Right  of    -                36.  238 

B. 

Balloting  for  Candidates    ....                        .  1H4 

"        .Advancement •    1<>7 

Membership          -     '  -        -        -                -  •        -        l!»7 

Book  of  Law  indispensable  in  a  Lodge  ....  -              3:1 

Burial,  Right  of - 

By-laws  of  Lodge* 

4 

C 

Candidates,  Law  relating  to                                              ...  81 

Qualifications  of -31,83 

Censure      -  516 

Change,  none  allowed  in  Landmarks    ....  38 

Chaplain,  Grand 479 

Charges,  Ancient,  Installation 4P 

"        Ancient,  at  Makings 50 

"        approved,  in  1722  -                       ...  54 

Committees  for  Business 401 

"          on  Character      ...               •  -       •    1S1 

Congregating  Masons  in  Lodges                ....  .          2-~> 

Consecration  of  Lodges          •                       ...  .    2S8 

Constitution  of  Lodges       -                •               ...  203 

Constitutions  of  York     -                       -  -42 

of  Edward  in                ....  -47 

Crimes,  Masonic   -       .       .               ....  .    49? 


5G6  INDEX. 


Deacons  of  a  Lodge  -                        -                284 

Grand     -  -485 

Dedication  of  Lodges 290 

Degrees,  PivUion  into "...  -18 

Demission  Right  of  -       -                       -               ...  232 

Deputy  Grand  Master  -                       -  4G9 

Dispensations     --                                 ...                .  21 

District  Deputy  Grand  Master       ...               ....  409 

Dues,  Payment  of                                              ....  1<>.J 

E. 

Elections        .......                               ...  402 

Eligibility  for  Office                                           .......  l!)3 

Entered  Apprentices 157 

Equality  of  Masons 34 

Eunuchs • 11*> 

Examination  of  Visitors      -       -       -,-               •       -       -       •  211 

Exclusion 327,519 

Expulsion .       ...  635 

F.  • 

Fellow  Crafts •       .*.       •       •       •  172 

Fines  not  a  Masonic  Punishment        ....               .  515 

Free-born 121 

G. 

God,  belief  in •                        -  32 

Gothic  Constitutions 42 

Government  of  the  Craft   -                                20 

of  Lodges 20 

Grand  Lodge,  Nature  of 407 

Deflation  of 420 

"        "       Powers  of -  42.") 

"        "       Legislative  Powers  of 42t? 

"        "       Judicial  Powers  of 43,5 

"        "       Executive  Powers  of 430 

Officers  of  -        - 445 

Grand  Master 44(; 

-<        «       Prerogatives  of     -...••  453 


IXDEX.  567 

Ijrancl  Mastei  may  convene  Grand  Ixdge      -               -                       -  4  fa 
"       "      louy  Preside  over  the  Craft  -       -                     •         21,454 

"        "       his  Right  of  Visitation      -                         •                         -  455 

"        "      his  Right  of  Appointment     •  '     •        •        -       •  456 

"        "      may  cast  Two  Votes        .-.,...  457 

"        "      may  grant  Dispensations      ....               .  457 

"        "      may  authorize  new  Lodges       •        •  .     •       •       •       •  461 

*        "      may  make  Masons  at  sight  •---••  4(  2 

"        "      may  arrest  a  Charter      -        -        •       •       •       •       •  466 

"        "      no  Appeal  froin  his  Decision 466 

"        "      who  succeeds  in  his  absence 468 

I. 

Idiots  cannot  be  Initiated 117 

Illiterate  persons  should  not  be  Initiated 114 

Installation  of  Officers 294 

Interference  of  one  Lodge  with  am.tt  or     -  •        •  -30,149 

J, 

Junior  Deacon      ...                -  386 

Jnnbr  Warden •  370 

Juri-diction  of  a  Lodge •  553 

"          Personal         - -               •  654 

"          Geographical &>3 

L. 

Landmarks .....  15 

Lecturer,  Grand    -                                • -  480 

"        Authority  of       -        -        -                -                ...  483 

"        Qualifications  of 483 

Legend  of  Third  Degree,  a  Landmark 19 

Lodge,  nature  of 279 

'•      under  Dispensation,  Organization  of 2fl 

'•          «             «             Rights  of -  299 

;      under  Warrant,  Organization  of 286 

i         "           "         Powers  of 308 

M. 

Madmen  cannot  be  Initiated      -                              ...  117 

Marshal,  Grand ....  48C 


568  INDEX. 

Master  Ma«oii i7-' 

Haater  of  a  Lodge         .... 34  { 

"        "       who  is  Eligible 3-:>- 

•'      "        "       Qualifications  of        .......  3.10 

"      "       "      by  whom  succeeded      -       •       •       •       •       •  «»61 

Master,  Grand.    (See  Grand  Master.) 

AU'iubership,  Right  of •    •        -  1M) 

Double 187 

"            Honorary 18',) 

N. 

Name  of  Lodge 322 

Notice  of  Petitions          ....               132 

0. 

Office,  how  Terminated 311 

Officers  of  a  Lodge 337 

«         "        «    elected  Annually 339 

"         "        "     cannot  Resign 341 

"         «        "     Installation  of       -       -       -        -       •        •       -  341 

Operative  Masonry 37 

P. 

Past  Masters 253 

"            Actual  and  Virtual 261 

Petition  of  Candidate                -      - 122 

"              «           a  Second  Time            152 

"      for  Membership 

Provincial  Grand  Master *71 

Punishments,  Masonic 514 

Q. 

Qualifications  of  Candidates 8-4 

"           Internal 84 

"           External 8.5 

Moral 9^ 

"           Physical         .....               ...  9,; 

«           as  to  Sex Sfi 

'«            as  to  Age 97 

<           as  to  Bodily  confcmiation 100 

«           Mental 114 

«            Political       -              -                •  ll-Q 


INDEX.  569 


Re<;'jSiihiou,  modes  of,  a  Landmark      -                        •  17 

Ixegtiiations  of  10(>3   .....  '  48 

(if  1703       ......                •  62 

of  1717    .....  53 

of  1720       ..........  54 

"          of  1721  .........  62 

Rejection  of  Candidates  for  Initution    •                                •  149 

"                "               *'    Advancement         •        •        -        •  167 

Relief,  Right  of     .......  .      •  222 

Representation  in  Grand  Lodge         .......  120 

Reprimand,  Private       .........  518 

Public    .........  olc 

Restoration  ...........  >42 

Resurrection,  belief  in,  a  Landmark          ...  3? 

H. 

Secrecy  of  the  Institution,  a  Landmaik                         •        »  33 

Secretary  of  a  Lodge         .......  38U 

"        Grand  -                                .....  477 

Seiror  \\  ctrdfcii          -...,....  <TA 

bight,  Masons  made  at         ......  -^J,  462 

Slaves  cannot  be  Initiated                                   .....  ilP 

Speculative  Masonry      ......        •        •        •        •  •      37 

Stewards  if  a  Lodge  -        -        -        •        •        •        •        •        •        •  389 

Grand  .-•.•«.  -489 

Succession  to  the  Chair      -                ..'..•       .  364 

Suspension,  Definite       ......  -    5'28 

Indefinite      .........  532 

Sword  Bearer.  Grand   .....       .....  488 

T. 

Taxing  power       ...........  331 

Tiler  of  a  Lodge        ..........  3!>t 

"    Grand          ..........  491 

Tiling,  necessity  of,  a  Landmark               ......  27 

Transfer  of  Petition  to  another  Lodge   ...                ..  ]5l 

Treasurer  of  a  Lodge        ........  379 

"        Grand  ......                       ...  475 

I  rial,  form  of                           ...               ...  559 


r 


5iO                                             INDHK. 

U. 

Uuafliliated  Masons      ..... 

2»j.i 

B*VA 

Ln 

V. 

Visitors  to  be  Examined    • 

•       •       •                •          30 

Visit,  Right  of       .... 

•       -       -         -      23,203 

"            "    how  forfeited 

208 

Voting,  Right  of    - 

•       -    193 

Vouching,  Right  of    - 

-       -        21C 

Wardens  of  a  Lodge    .... 

*    370 

Grand 

'73 

ion 

Worshipful  M<  iter        .... 

*                                 •                      l'j\t 

•    3W 

Written  Law  of  Masonry 

4C 

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Works  of  Standard  Authurity  on  Freemasonry. 

BY    DB.   A.    Q     MACKEY. 

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of  Entered  Apprentice,  Fellow  Craft,  and  Master  Mason,  arranged  in  ac- 
cordance with  the  American  System  of  Lectures ;  to  which  are  added  tho 
Ceremonies  of  the  Order  of  Past  Master,  relating  to  installations,  dedica- 
tions, consecrations,  laying  of  corner  stones,  &c.,  &c.  By  ALBERT  G.  MAC- 
KEY,  M.  D.,  General  Grand  High  Priest  of  the  General  Grand  Chapter  of 
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ceremonies  through  which  he  has  passed,  and  to  extend  his  researches  into  that  sublime  system  of 
symbolism,  of  which  in  the  ordinary  lectures  of  the  lodge  he  has  received  only  the  faint  outline. 
Many  who  anxiously  desire  to  obt.iin  "more  light"  on  the  obscure  subject  of  Masonic  Symbolism, 
and  who  would,  if  possible,  learn  more  of  the  true  signification  of  the  emblems  and  allegories,  are 
either  unwilling  or  unable  to  devote  to  these  objects  the  time  and  labor  requisite  for  poring  over 
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To  such  students  a  manual  so  ar.-anged  as  to  facilitate  inquiry,  by  making  every  explanation 
correspond,  in  order  of  time  and  place,  with  the  regular  progress  of  initiation,  must  be  of  great 
value,  because  its  study  involves  neither  a  great  expenditure  of  time,  which  many  cannot  well 
spare,  nor  does  it  demand  more  intellectual  exertion  than  almost  every  one  is  able  to  bestow.  Tha 
author  has  made  no  innovations,  but  has  sought  to  accommodate  the  order  of  ceremonies  to  the  eys- 
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By  ALBEKT  G.  MACKEY,  M.  D.,  General  Grand  High  Priest  of  the  General 
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Many  Masons,  although  willing,  and  indeed  anxious,  as  soon  as  they  are  initiated,  to  learn  some- 
thing more  of  the  nature  of  the  institution  into  which  they  have  been  introduced,  and  of  the  mean- 
ing of  the  ceremonies  through  which  they  have  passed,  are  very  often  unable,  from  the  want  of 
time  or  means,  to  indulge  this  laudable  curiosity.  The  information  which  they  require  is  to  bo 
found  only  in  the  pages  of  various  masonic  treatises,  and  to  be  acquired  only  by  careful  and 
laborious  study.  Books  are  not  always  accessible,  or,  if  accessible,  leisure  or  inclination  may  be 
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But  a  "  Monitor"  is  within  every  Mason's  reach.  It  is  the  first  book  to  which  his  attention  is  di- 
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mended to  study;  and,  accordingly,  the  Monitor  is  to  many  a  Mason,  emphatically  his  vademecum. 
But  unless  he  can  find  something  more  important  in  its  pages  than  such  works  as  those  of  WEBB 
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His  want  is  for  '  more  light.'1  not  for  a  recapitulation  of  what  he  has  already  heard  and  seen,  but 
for  a  rational  explanation  of  the  meaning  of  that  through  which  he  has  passed. 

To  meet  this  want,  and  to  place  in  the  hands  of  every  Royal  Arcli  Mason  a  book  in  which  he  may 
find  a  lucid  explanation,  so  far  as  the  laws  of  our  institution  will  permit,  of  all  that  has  excited  his 
uiriosity  or  attracted  his  interest  in  the  Chapter  degrees,  and  above  all,  to  furnish  an  elementary 
treatise  of  easy  comprehension  on  the  Symbolism  of  Koyal  Arch  Masonry,  have  been  the  objects  of 
the  author  in  the  preparatioa  of  this  work. 

Cryptic  MaSOnry.  A  Manual  of  the  Council ;  or  Monitorial  Instructions 
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A  Text-Book  of  Llascnlo  Jurisprudence;   illustrating  the 

Written  and  Unwritten  Law  of  Free-Masonry.  By  ALBERT  G.  MACKEY, 
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ter 1.  The  Qualifications  of  Candidates.  Chapter  2.  The  Petition  of  Candidates.  Chapter.). 
Balloting  for  Candidates.  Chapter  4.  Consequences  of  Rejection.  Book  III.  Relating  to  In- 
dividual Masons.  Chapter  1.  Of  Entered  Apprentices.  Chapter  2.  Of  Fellow-Crafts.  Chap- 
ter 3.  Of  Master  Masons.  Chapter  4.  Of  Past  Masters.  Chapters.  Of  uuaffiliated  Masons, 
iiook  IV.  Law  relating  to  Lodges.  Chapter  1.  The  Nature  of  a  Lodge.  Chapter  2.  Th<> 
1'ight  of  Subordinate  Lodges.  Chapter  i>.  The  Officers  of  a  Lodge.  Chapter  4.  Rules  of 
Order.  Book  V.  Law  Kelating  to  Grand  Lodges.  Chapter  1.  The  Nature  of  a  Grand  Lodge. 
Chapter  2.  The  Powers  of  a  Grand  Lodge.  Chapter  3.  The  Officers  of  a  Grand  Lodge. 
.  Book  VI.  Masonic  Crimes  and  Punishments.  Chapter  1.  Masonic  Crimes.  Chapter  2.  Mn- 
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MaSOniC  Ritualist;  Or,  Monitorial  Instructions  in  the  De- 
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its  science  and  philosophy,  its  legends,  myths,  and  symbols.    By  ALBEUT 
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CONTKXTS.  Chapter  1. — The  Origin  and  Progress  of  Freemasor.-y.  2. — The  Noachirhe.  3.— 
The  Primitive  Freemason ryol  Antiquity.  4.— The  Spurious  Freemasonry  of  Antiquity.  5.— 
The  Ancient  Mysteri"*  o.— The  Dionysiae  Artifices.  7.  -The  Union  of  Speculative  and 
Operative  Frceinasoi  :y  at  the  Temple  of  Solomon.  8, — The  Travelling  Freemasons  of  the 
Middle  Ages.  9.— Disseverance  of  ihe  Operative  Element.  10.— The  System  of  Symbolic 
Instruction.  11.— The  Speculative  Science  and  the  Operative  Art.  12.— The  Symbolism  of 
Solomon's  Temple.  13.— The  Form  of  the  Lodge.  14.— The  Oflicers.pfa  Lodge.  15. -The 
Point  within  a  Circle.  16.— The  Covering  of  the  Lodge.  17.— Ritualistic  Symbolism. 
Id.— The  Rite  of  Discalccation.  19.— The  Rite  of  Investiture.  20. —The  Symbolism  of  the 
(iloves.  21.— The  Rite  of  Circumambulation.  22.— The  Rite  of  Intrusting,  and  the  Symbol- 
ism of  Light.  23.— Symbolism  of  the  Corner-stone.  24.— The  Ineffable  Name.  25.— The 
Legends  of  Freemasonry.  20.— The  Legend  of  the  Winding  Stairs.  27.— The  Legend  of 
the  Third  Degree.  28.— The  Sprig  of  Acacia.  2'J  — The  Symbolism  of  Labor.  BO.— The 
Stone  of  Foundation.  31.— The  Lost  Word. 
There  is  added  a  complete  SYNOPTICAL  INDEX  which  makes  a  valuable  MASONIC 

DICTIONARY. 
This  work  is  the  result  of  a  life  devoted  to  the  study  of  this  and  kindred  subjects,  and  must 

add  greatly  to  the  reputation  of  the  distinguished  author,  who  already  stands  at,  the  head  oi 

all  writers  on  the  subject  of  Freemasonry. 
All  who  desire  to  extend  their  knowledge  of  Freemasonry  beyond  the  mere  ritual  of  the 

Order  will  find  this  volume  most  instructive  and  interesting, 
il  makes  a  handsome  12iuo  volume  of  300  pages,  handsomely  bound  in  cloth.    Price  $2.25. 


PUBLISHED   JJY   CtAlllv  &3IAYNARI), 

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